Pakistan’s Judiciary During Crises

Ishtiaq Ahmed

London: The respected author, in the first two succinct chapters, Death: An Aspect of Life and Limitations of Reason, sets out the following overarching guiding principles for the treatment of this most pertinent subject matter, particularly in the present time. I would unreservedly suggest the book be a must-read for students and practitioners alike of constitutional law.

For a layperson like me, unversed in the law, the book is equally useful in navigating through the complexities of the judicial ‘web’. I found the approach of the illustrious author accessible and insightful to a subject matter beyond the reach of most people outside the legal family. For the readers of constitutional law, the first three parts of the book are perhaps the most crucial, without in any way underestimating the importance and relevance of parts 4 to 8.

However, for this very brief overview of the key overarching principles, perhaps not exclusive to the interpretation and dispensation of the legal matters, I have restricted myself to the first two chapters in Part 1, thus fully acknowledging my lack of ability for untangling and understanding more complex and technical legal matters in Parts 2 and 3 of the book. I am sure that others from the legal family will take the opportunity to unpack and elucidate the more legal aspects of the author’s deliberations.

Finally, the presentation below is entirely mine and mine alone, based on my understanding of the overarching principles as put forward by the author in the opening two chapters of the book. I am sure that these are not conclusive, and others will add or subtract from them as they bring their own understanding to the subject.

Principle 1: ‘Absolutism’ is relative

The determination of the ‘absolute’ truth in any situation, and more so in matters of judicial nature, is riddled with many difficulties. The quality of material facts, the supporting suppositions, and the ability or capacity of the ‘determiner’ combine to influence the outcome. All of these elements are variable. In other words, what may appear ‘absolute’ today may not be the case tomorrow. Hence, the practitioners must remain diligently open to new information and discoveries that may unfold before them.

“In his search for truth, man can never be certain that the conclusions he has arrived at through reason are final and absolute.”

Principle 2: The power of’reason’ is not absolute

‘Reason’, is an essential tool for arriving at the relative truth, but it is not without limitations. Human frailties, vulnerabilities, and subjectivities often prevail to eschew outcomes and judgements. Any two people may look at the same material facts and supporting suppositions but arrive at completely different outcomes.

“The capacity of reason varies from person to person”. No two persons have a similar intellect capacity to comprehend and interpret facts and information in exactly the same way. Furthermore, individuals are conditioned and predisposed by their surroundings and are not able to absolutely detach themselves or remain uninfluenced by these.

Following on from the above, the writer establishes the third and perhaps most important principle:

Principle 3: The power of improved ‘intellect

On any given matter, there is always a possibility that another person with better intellectual capacity and reasons would arrive at a better outcome. Human intellect is not equally shared. There is always another person with enhanced intellectual capacity. Thus, a person should not seek to be a ‘self-sufficient island’ with absolute mastery over the truth. There is always scope to learn from those with an improved intellect.

The writer eloquently concludes, “Reason is an invaluable asset. Do not turn it into a liability. Make full use of it but know its limitations and keep them always at the back of your mind so that it does not become your master and keep you from exploring such fields as beyond its reach.”

The judicial family will do extremely well to apply some of these salient guiding principles from a man who dedicated his entire life to the discovery of the truth. But these guiding tenets are also of equal relevance to other walks of life, from private to public.