PAKISTAN has had three constitutions.
asserted
PAKISTAN → have → constitutions
The 1973 Constitution was adopted by the people through their representatives in the constituent assembly.
asserted
Constitution → adopt → assembly
Article 1 states that Pakistan shall be a federal republic.
asserted
Pakistan → state → ?
Neither the term “federal” nor “republic” is expressly defined.
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term → define → ?
The Objectives Resolution provides guidance.
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Resolution → provide → guidance
The power and authority of the state in our republic is to be exercised through the chosen representatives of the people.
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power → exercise → people
They can be removed and replaced if they fail to perform.
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they → remove → ?
The various territories that are part of Pakistan or that accede to Pakistan form a federation.
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that → accede → federation
These territories are autonomous and their boundaries and powers and authority are prescribed.
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boundaries → prescribe → ?
The Objectives Resolution guarantees that the integrity of the territories shall be safeguarded.
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integrity → guarantee → territories
A federal state is brought into being by the territories that comprise it through a written instrument.
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that → bring → instrument
This instrument defines the authority of the federation and these territories.
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instrument → define → federation
The federation presupposes and is premised on the existence of these territories.
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federation → presuppose → territories
Dismantling the territories would undermine the foundational integrity of the federation and the compact reflected in the 1973 Constitution.
asserted
Dismantling → dismantle → Constitution
A constitution can be amended.
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constitution → amend → ?
The limits of a province or territory can be changed with its consent.
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limits → change → consent
Such an amendment may alter limits or provincial boundaries.
uncertain
amendment → alter → limits
It does not contemplate partition or subdivision of existing provinces or existing territories.
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It → contemplate → provinces
Actions that compromise provincial integrity inevitably lead to questions regarding the benefits of being part of the federation.
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that → compromise → federation
These questions have been resolved by the various territories and reflected in the 1973 Constitution.
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questions → resolve → Constitution
It would not be wise to reopen them.
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It → reopen → them
Emergency powers cannot be used to deprive any citizen of the right to a fair trial.
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powers → use → trial
The Principles of Policy of the Constitution require the state to encourage local government institutions.
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Principles → require → institutions
Each province is constitutionally required to establish a local government system and to devolve power.
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province → require → power
The president is the head of state and represents the unity of the republic.
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president → represent → republic
The president as a symbol of a united federation must be satisfied prior to provincial autonomy being assailed.
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autonomy → satisfy → federation
This can only be done in exceptional circumstances.
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This → do → circumstances
The emergency provisions enable federal rule over a province if the president is satisfied that certain conditions exist.
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conditions → enable → province
The president does not have authority to impose an emergency whenever he deems fit.
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he → have → emergency
The president was empowered under this Article to dissolve an elected government in his discretion.
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president → empower → discretion
The emergency powers are not expressed to be discretionary powers of the president.
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powers → express → president
Could the president have refused to sign the recent emergency proclamation notwithstanding the advice of the federal government?
uncertain
president → refuse → government
He could certainly have asked the government to look at matters again.
uncertain
He → ask → matters
Did he have discretion to refuse if after reconsideration the government insisted?
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government → have → reconsideration
The term “discretion” is not used in the relevant Articles of the Constitution.
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discretion → use → Constitution
The conventional legal view is that absent a power being expressed as discretionary, the president is bound to act on the advice of the government.
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president → express → government
In the case of the emergency provisions the president is required to be “satisfied”.
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president → require → provisions
This suggests a mental state of an individual office holder.
uncertain
This → suggest → holder
It could be argued that a mental state cannot be imposed through governmental advice.
uncertain
state → argue → advice
Regardless, in the present emergency, this appears to be a moot point since the president did not even ask the government to reconsider its advice.
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president → appear → advice
…and 23 more, not listed.
The Aporia
