Finding Dworkin and the integrity of Law in the current legal-political crises in Pakistan.

Looking at the current politico-legal situation in Pakistan, the one thing that is missing is the integrity of law and justice in our country.?Ronald Dworkin is a famous American legal scholar who has written extensively on the application of Law in Hard cases, the current political-legal crisis in Pakistan needs a serious re-reading of the concept of Integrity of Law in the context of Pakistan's current crisis.

The political upheaval that our country is facing due to the election fiasco in the country. The highest court of the country has been the center of attention for all that political fiasco, whether it is the Suo moto powers or the interpretive fighting among the judges. Are we all losing the bigger picture, where is the welfare of the people in all these legal gymnastics at play?

Why our political elite is busy capturing their self-interest and only the citizens of Pakistan are at a loss and does not gain anything from the election battles ordered by the higher judiciary? Whether it is the local body's election or simply voting at the national and provincial assemblies all the shots have been called by the superior judiciary in Pakistan.

Starting from the Panama case in which the Supreme court declared that the ruling of the elite today is a 'Mafia' it is still a valid decision of the court.[1]

The way a political process was undermined by the judiciary by taking Suo moto action of the vote of no confidence to dismantle the PTI government was an attempt by the judiciary to undermine its own decision as the credibility of the current political elite was already shattered by the Panama decision. How can the judiciary ignore its own judgment and gave credibility to the ruling elite whom they have declared mafia in its previous judgment? Isn’t better that for once the election should have happened without any Suo motos and legal dramas that can save Pakistan from the politico-legal fiasco where the common man's problems are neglected as they are nonexistent?

The later musical chair happened at the Punjab assembly where again the ruling of the speaker and legal interpretation of the different branches of government took the media attention and the confidence of the people was lost in the institutions of the state and its administration.[2]

The whole point of discussion here is that all the branches of government are playing a zero-sum game where all these legal gymnastics will erode the integrity of our constitutional values. A fresh mandate for whoever will win the elections can solve these problems as sometimes unnecessary friction can break the integrity of the nations and lead them nowhere except for the destruction of their fate.

We need re-reading of the scholars like Ronald Dworkin who emphasize that laws are not only Rules but also Principles. The judge must find “the soundest theory of law” that will fit the best political interpretation and decision of the community in Hard cases. There is always one right answer as the answer is right, it coheres best or fits within the institutional and constitutional history of law.

he emphasized as the legal argument is interpretative, it is the duty of the judge to base their decision on integrity which secures equality among citizens and makes a community more genuine by applying the best justification that will show coherence with its action and principles by applying "great network of political structures and decisions of his community"[3]

Unfortunately, the current political and legal history of Pakistan is tainted with inconsistent jurisprudence as the decision ordained by the higher judiciary lacks consistency and integrity and unfortunately, most of the time ignores its own previous decisions. The Higher Judiciary should strive to maintain the integrity of the law by giving sanctity to its previous decisions.

The recent legal crisis in Pakistan is shouting for fresh elections to save the country from the deadlock and the higher judiciary has this responsibility on its shoulder to make sure that fresh elections will be held in Pakistan without any further delay to uphold the law and democratic norms in Pakistan to save the integrity of the law.

[1] Constitution Petition No. 03 of 2017 ?(Panama Papers Scandal)

?[2] https://www.thenews.com.pk/latest/976972-punjab-cm-poll-sc-resumes-hearing-against-punjab-deputy-speakers-ruling

[3] Imran Ahsan Khan Nyazee. ‘Dworkin and the integrity of Law’ Jurisprudence. Federal Law House. 125-128?