Separation of Powers and System of Checks and Balances: A Debate on the Functionalist and Formalist Theories in the Context of Pakistan

Abstract

Modern-day democracies are constructed on the constitutional mechanism of separation of powers introduced in the U.S. Constitution where Pakistan stands with no exception. With qualitative research methodology, this paper aims to investigate the following issues: origin and evolution of the concept of separation of powers with reference to formalist and functionalist theories, application of tripartite government in the context of Pakistan, why the application of this concept could not receive its due appreciation in Pakistan, the role of the military as an additional unavoidable stakeholder in the evolution of trichotomy of powers in the democratic transition and judicial response to circumscribe unbridled military regimes in Pakistan. This article also explicates how the state organs can help identify their jurisdictional bounds to avoid the potential threat of confrontation and suggests how in the transition of institutional demarcations self-realisation of constraints can play a considerable role to comprehend the spirit of constitutionalism.