The Way Forward: Renewing the Social Contract

Why is government for the people still unfinished in developing democracies?

Mian Ashiq Hussain argues that in developing democracies the legacy of absolute rule lingers, constitution-making is treated as a job for elite experts, and people are expected to stay quiet. He says participation in Pakistan has been illusory, and that real democratisation needs active citizens, the rule of law and republican values.

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.

How did a student help amend the US Constitution?

The author tells how Gregory Watson, a University of Texas student, argued in 1982 that an amendment proposed in 1789 on congressional pay could still be ratified. His examiner rejected the idea, but Watson campaigned among state legislatures until it became the 27th Amendment in 1992, showing ordinary people can shape their social contract.

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.

Why hasn't Pakistan's constitution delivered on its promise?

The author believes Pakistan could rank among the world's leading powers under the rule of law, but a lack of constitutionalism has blocked progress. He argues that even the 1973 constitution has existed mostly on paper, and that citizens have not enjoyed fundamental rights or equal access to opportunity and justice.

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.

Why do concise constitutions endure?

Citing James Madison's remark that each word of a constitution settles a contest between power and liberty, the author argues that brief, executable constitutions leave room for people to pursue their goals. When many provisions go unimplemented or cannot be implemented, he warns, a constitution is unlikely to last.

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

Frequently asked questions

What is the 27th Amendment to the US Constitution?

It is the amendment, first proposed in 1789, that delays any change in congressional pay until after the next election. The author recounts how a student's campaign led states to ratify it, and it became part of the constitution in May 1992.

What does renewing the social contract mean for Pakistan?

In the author's view, it means empowering and mobilising the people as the first priority, shedding colonial baggage and closing the distance between the constitution as written and as practised, so that the institutional framework finally delivers.

What constitutional repairs does the author call for?

He wants repairs that outgrow the colonial inheritance and remove the implementation gaps he sees as a chronic cause of crises, arguing that the wider the gap between text and practice, the weaker a constitution's credibility.

Why does the author quote Hafiz?

He uses the poet's line about the king knowing his kingdom's secrets to illustrate the old expectation that ordinary people should not question their rulers, an attitude he argues still shapes constitution-making in developing democracies.

Related Minds

• Why Constitutions Fail, and What Makes Them Flourish
• Constitutional Amendments in Pakistan: Who Holds the Pen?
• Why Nations Fail: A Fiscal Answer
• The 18th Amendment in Pakistan: Devolution Compared

Read the full argument in the book How Constitutions Flourish or Fail by Mian Ashiq Hussain.