PATERNALISM IN CONSTITUTIONAL LAW AND ITS IMPACT ON FUNDAMENTAL RIGHTS IN PAKISTAN

Abstract

This study explores the role of paternalism in Pakistan’s constitutional framework and its impact on fundamental rights. Paternalism, understood as state intervention in individual choices to protect welfare, morality, or security, has been evident across legislative, executive, and judicial actions. The study aims to analyze the types and justifications of paternalism, examine its influence on key rights such as liberty, freedom of speech, religious freedom, and protections for women and minorities, and evaluate the roles of the judiciary, legislature, and executive in shaping constitutional governance. Using a qualitative doctrinal approach complemented by comparative analysis, the study draws on classical liberal theory, concept of soft paternalism, and the proportionality doctrine to assess the legitimacy and scope of state interventions. The findings indicate that while certain paternalistic measures serve to protect vulnerable populations, excessive or unjustified interventions risk undermining autonomy and democratic principles. The study concludes with recommendations for rights-based governance, proportional state action, and legal reforms to achieve a balance between public welfare and individual freedoms.