Corruptissima re publica

Excessive laws in Pakistan hinder governance, breed corruption, and worsen legal implementation gaps.

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Though laws help build social order, ensure transparency, enhance predictability, promote productivity and establish social control, their sheer number can be inconsequential to their intended purposes and may serve quite the opposite. In other words, the selective proliferation of laws creates a lasting void in their implementation, which is only compounded by more laws. This is what Tacitus suggested over two millennia ago. The Latin phrase 'Corruptissima re publica, plurimae leges', attributed to Tacitus, the Roman historian, translates to "the more numerous the laws, the more corrupt the state". Tacitus's insight highlights a dynamic interplay between legislation and governance efficiency, suggesting that fewer, more inclusive laws can strengthen governance and curb corruption. Nevertheless, when laws are selectively and questionably framed, they create a vortex of perpetual legislation and mask the exploitation and enforcement inadequacies of the existing ones. Malicious intent in lawmaking leads to a concentration of power and resources, promoting exclusionary and authoritarian tendencies holistically cost a society.

The evolving complexities and challenges of modern times and specialisation necessitate new statutory laws or amendments to existing ones. But if not carried out in good faith, legislations carry potential perils of legal obscurity, bureaucratic red-tape, institutional outreach, financial liabilities and erosion of accountability.

Legal intricacies: In today's complex governance laden with laws, more exclusive laws would only add to the intricacies and ambiguities. Those with stakes and resources exploit the legal system to achieve their interests. In such a complex system, navigating the legal landscape per established protocols becomes difficult for the general public. This encourages citizens to rely on bureaucrats mastering the art of manipulation and corruption as intermediaries. The individuals lacking these improvised options resign themselves to their ill fate.

Institutional overreach: With the disregard for enforcing existing laws, the proliferation of new ones only adds to departmental multiplication, bureaucratic outreach, and institutional authoritarianism. As new regulations are promulgated, the enforcement machinery expands and absorbs a significant number of officials for management. This fosters a culture of institutional surveillance and control, where regulatory oversight takes precedence over genuine public service.

Financial liabilities: The proliferation of newer laws and their enforcement comes at a higher monetary cost, meaning that creating and enforcing additional laws requires significant financial resources. This includes activities and resources such as hiring more enforcement personnel, training, and maintaining legal systems.

Erosion of accountability: The proliferation of laws can paradoxically hinder accountability. In overly legislated systems, the complexity of regulations obscures responsibility, enabling individuals and institutions to evade scrutiny and escape accountability.

Unfortunately, the maxim finds its relevance and acceptance in Pakistan, perhaps in a truer form. The Ministry of Law and Justice enlists a whopping 700 statutory laws, excluding the ordinances and local laws. Still the country ranks 127th out of 142 in the World Justice Project's Regulatory Enforcement Index (2024). The overall ranking for the rule of law assessed across eight indicators - constraints on government power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, and civil and criminal justice - has been 129th out of 142 countries.

This irony suggests a greater official emphasis on making new laws rather than ensuring implementation on existing ones. The resulting implementation gap, coupled with the proliferation of laws, has significantly damaged the country's legal, socio-economic, political, institutional, administrative and judicial systems. Bridging the implementation gap of the constitutional provisions and the existing laws would, to a large extent, help address the issues of undue legislation and the pressing issues that have plagued Pakistan for decades.