Exploring the nexus between mob violence, the legal system and the rule of law in Pakistan: A critical analysis
Ayesha KakarThis study provides an analysis of how extrajudicial mob actions, and the weaknesses of Pakistan's formal legal institutions reinforce one another in a vicious cycle, eroding public trust, and governance. Using a doctrinal research methodology, the study examines constitutional provisions, statutory laws, and case studies to identify structural flaws in Pakistan's legal system: a colonial legacy ill-suited to modern needs, parallel informal justice mechanisms (jirgas/panchayats) operating outside the law, endemic corruption and resource constraints in law enforcement, and ambiguous constitutional overlaps (e.g., between Islamic and secular law) that invite misuse. The converging and diverging insights from existing literature and theory, including the distinction between “thin” and “thick” conceptions of rule of law, are discussed to evaluate how procedural failures (thin rule of law) and substantive injustices (thick rule of law) collectively fuel mob violence culture. The analysis finds that mob violence both arises from and exacerbates legal system failures, creating a self-perpetuating cycle that undermines accountability and human rights. Breaking this cycle requires practical reforms, strengthening judicial capacity and independence, enforcing anti-mob violence laws with accountability, integrating informal justice into the formal framework, and rebuilding public confidence in state institutions. Only by addressing both the procedural shortcomings and substantive inequities in the justice system can Pakistan restore the rule of law and curb the scourge of mob violence.