Welcome

Anti Essays offers essay examples to help students with their essay writing.

Sign Up

Constitutional History of Pakistan Essay

  • Submitted by: asadsaleem
  • on December 3, 2014
  • Category: History
  • Length: 9,681 words

Open Document

Below is an essay on "Constitutional History of Pakistan" from Anti Essays, your source for research papers, essays, and term paper examples.

1

CONSTITUTIONAL HISTORY OF PAKISTAN
Constitutional and Political Development (1947-1973) Pakistan came into being as an independent State in August, 1947 and continued to be governed under an interim constitutional arrangement (i.e. through the Indian Independence Act, 1947). Pakistan has had a troubled constitutional history since its very inception as a nation state. Not long after partition from India in 1947, Pakistan was plunged into a Constitutional crisis in 1954 when the Governor General dissolved the Constituent Assembly when he did not agree to the proposed constitution. This first major subversion of the constitutional process was challenged before the Federal Court, which validated the dissolution of the assembly in the Moulvi Tamizuddin case (1955 Federal Court 240). Although a new Constituent Assembly adopted the country‟s first constitution in March, 1956, it lasted only two years until the first President of Pakistan, Major-General Iskander Mirza, abrogated the Constitution, dissolved the national and provincial legislatures and imposed Martial Law in October, 1958, appointing General Ayub Khan as the Chief Martial Law Administrator. This was the first time that the Supreme Court was confronted with an unprecedented situation. The Court faced a dilemma how to prevent the country to be governed purely by the dictate of an army ruler and ensure that the country was back on the rails of constitutional governance. The Supreme Court of Pakistan validated once again the extraconstitutional actions of the executive and enunciated the doctrine of „revolutionary legality.‟ It (in case of State v. Dosso (PLD 1958 SC (Pak) 533) validated the imposition of martial law by invoking the Kelsenian theory and held that, “a victorious revolution was itself a law creating fact.” Although the application of Kelsenian theory in the facts and circumstances of that case has been subject of critical comment but the positive aspect of the judgment was that it...

Show More


Citations

MLA Citation

"Constitutional History of Pakistan". Anti Essays. 13 Nov. 2018

<https://www.antiessays.com/free-essays/Constitutional-History-Of-Pakistan-683808.html>

APA Citation

Constitutional History of Pakistan. Anti Essays. Retrieved November 13, 2018, from the World Wide Web: https://www.antiessays.com/free-essays/Constitutional-History-Of-Pakistan-683808.html