Constitutional Interpretation: An Appreciation of Living Constitutionalism from Pakistan's Perspective

Abstract

This article analyses 'living constitutionalism approach' to interpretation of constitution. In doing so, first the two traditional forms of constitutionalism i.e. political and legal constitutionalism are reviewed. Thereafter, the discussion on the theoretical regime of interpretation is reflected so as to determine the appropriate approach of Constitutional Interpretation. Moreover, the emerging trends in the courts of Pakistan in favour of 'living constitutionalism' and progressive and dynamic interpretation of the constitution are also analyzed. Finally, the discussion as aforesaid is leading to the conclusion that dynamic interpretation is the most appropriate mechanism for realization of the purposes of living Constitutionalism.