The Way Forward: Renewing the Social Contract

1. In developing democracies, government for the people is still a work in progress. The heritage of centuries-old absolute monarchical rule lingers on in one form or the other. Constitution-making is generally considered to be the prerogative of elite experts. Masses are supposed to learn lesson from humility of Hafiz:

(The king knows the mysteries of his kingdom. O Hafiz! Though art down and out; don’t clamour)

Toeing the same line, people’s participation in state of affairs in Pakistan has all along being illusory. Nonetheless, for real democratisation social activism is vital. Future matches in the global arena will be won by competing populations rather than their rulers; the rule of law and republicanism have to be the core of progress. The book explores prospects of empowerment and liberation of people.

2. 27th Amendment to the US Constitution is a remarkable illustration how ordinary people may set up landmarks in history. In 1982, Gregory Watson, a student of political science at the University of Texas, propounded in his examination paper that the Constitutional Amendment proposed in 1789, which deferred enforcement of variations in the compensation for the services of the Congressmen till the next elections, could still be ratified for amending the Constitution. Despite there being no limitation for ratification of amendments to the US Constitution, the examiner turned down the proposition. Nonetheless, the student persevered and enthusiastically pursued his campaign for ratification of the amendment by the States’ legislatures. Eventually, his argument won, and in May of 1992, the 27th Amendment became part of the US Constitution. Evidently, people’s participation in the evolution of their social contract has ever been a great constitutive factor.

3. Provided there is rule of law, Pakistan has great potential of ranking among the top powers of the world. However, lack of constitutionalism in the country has been a formidable obstacle to progress. It has been seen in the earlier sections how the successive constitutions of Pakistan could not work anyway. Even the Constitution of 1973 mostly existed on paper rather than in practice. Few may argue that the people of Pakistan are enjoying their fundamental rights, equal access to opportunity or justice. There may hardly be any controversy about the evident fact that Pakistan’s institutional framework has so far not delivered on its promise.

4. The top priority of the independent nation should have been empowering and mobilising its people for optimising their best capacities and capabilities in the pursuit of securing their rightful place in the globally competitive world. Secondly, constitutional repairs may aim at outgrowing colonial baggage and eliminating implementation gaps which have so far been a chronic cause of crises. The wider the gap between a constitution on paper and in practice, the lesser is its credibility and effectiveness.

5.

i. Highlighting the significance of concise executable language of the US Constitution, James Madison remarked: “Every word of the Constitution decides a question between power and liberty”. Empirically seen, the brief constitutions leave ample space for the people to realise their objectives, ideals and dreams. The constitution provides the body and structure of government; soul is infused by transcendental ideals flowing from the hearts and minds of the people. Repeated experiments bear out if a large number of provisions of a constitution are not implemented or not implementable, it may not endure for long. Excessive play in the joints often ends up in policy failures