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The Rule of Law History - Concept Rule of Law in Pakistan

The Rule ….. The concept of the “rule of law” branch from many traditions and continents and is tied with the growth of the history of law itself

The Rule ….. The Code of Hammourabi, declared by the King of Babylon around 1760 BC, is one of the first examples of the codification of law, presented to the public and applying to the acts of the ruler

The Rule ….. In the Arab world, a rich tradition of Islamic law hold the belief of the supremacy of law

The Rule ….. In the Anglo-American context, the Magna Carta of 1215 was a determining document, emphasizing the importance of the independence of the judiciary and the role of judicial process as fundamental characteristics of the rule of law

The Rule ….. In continental Europe notions of rule of law focused on the nature of the State, particularly on the role of constitutionalism

The Rule ….. The modern conception of the rule of law has developed as a concept distinct from the “rule of man”, involving a system of governance based on non-subjective rules

The Rule ….. The “rule of man”, involving a system of governance based on non- arbitrary rules as opposed to one based on the power and whim of an absolute ruler

The Rule ….. The concept of rule of law is deeply linked to the principle of justice, involving an idea of accountability and fairness in the protection and justification of rights and the prevention and punishment of wrongs

The Rule ….. The rule of law is an ambiguous term that can mean different meanings in different frameworks

The Rule ….. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well- established and clearly defined laws and procedures

The Rule ….. In a second context the term means rule under law. No branch of government is above the law, and no public official may act illogically outside the law

The Rule ….. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice

The Rule ….. The United Nations under the Universal Declaration of Human Rights of 1948, affirms that “all human beings have fundamental rights and freedoms”

Rule of Law in Pakistan Chapter 1: Fundamental Rights Articles 8 -28

Rule of Law in Pakistan ….. 9. Security of person 10. Safeguards as to arrest & detention 10 A. Right to fair trial

Rule of Law in Pakistan … Holiness of dignity of man 25. Equality of citizens 27. Safeguard against discrimination in services

Rule of Law in Pakistan ….. Part IX: Islamic Provisions

Rule of Law in Pakistan … Composition, etc. of Islamic Council Council of Islamic Ideology 231. Rules of procedure. The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with approval of the President

Rule of Law in Pakistan ….. The Theory AND The Approach (Two Poles Apart)

Rule of Law in Pakistan ….. Since its independence in 1947, Pakistan has gone through dark periods of military dictatorship, interrupted by brief periods of democracy that still witnessed various human rights violations

Rule of Law in Pakistan ….. In 1999, the Dictator has worked over the years to roll back, little by little, the fundamental freedoms of the people of Pakistan

Rule of Law in Pakistan … marked the beginning of a confrontation between the judiciary and the executive power, an unprecedented event in the history of Pakistan

Rule of Law in Pakistan ….. In addition to undermining the independence of the judiciary, the executive power has seriously attacked other rights and freedoms guaranteed by the Constitution

Rule of Law in Pakistan ….. The outcome of this conflict is vital; the separation of powers serves as a guarantee of democracy and the Rule of Law

Rule of Law in Pakistan ….. In this context, the results of parliamentary elections on February 18, 2008, hailing the victory of opposition parties against the regime

Rule of Law in Pakistan ….. The hope continues with the new elected government empowered by the Elections of 2013 is anticipated

Rule of Law in Pakistan ….. Fundamental rights and freedoms are in danger in Pakistan, and their defenders are in need of support more than ever to continue their peaceful struggle for democracy and the rule of law

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