This research concerns the constitutional development
in Pakistan with a specific reference to 21st
Amendment to the Constitution of Pakistan. It is widely perceived
among scholarly and semi-scholarly circles that the tendency of
militarys direct intervention in politics; toppling democratically elected
government has been declined for the last many decades across the
world. According to the new trends, military interferes in the state
affairs through indirect means. One of the indirect means includes
abusive constitutionalism that involves constitutional amendment and
constitutional replacement as mechanisms for constitutional change.
The paper explores whether 21st Amendment to Constitution of
Pakistan was an abusive constitutionalism that really empowered
military to get a strong hold on key policy making areas of national
interest during the democratic rule. The research concludes that the
21st Amendment was an abusive constitutionalism as it curtailed civil
liberties and fundamental rights of the citizens and hence undermined
democracy in Pakistan.
1-Husnul Amin: Associate Professor, Department of Political Science, International Islamic University Islamabad, Pakistan. 2-Shafiq Qurban: Assistant Professor, Department of Law, Rawalpindi Law College, Rawalpindi, Punjab, Pakistan. 3-Maryam Siddiqa: Lecturer, IRD, International Islamic University Islamabad, pakistan.