The Right to Liberty and Security: A Comparative Jurisprudential Analysis of Article 5 ECHR and the Constitutional Framework of Pakistan
DOI:
https://doi.org/10.63468/sshrr.300Keywords:
Right to Liberty, Article 5 ECHR, Pakistan Constitution, Preventive Detention, Judicial IndependenceAbstract
The right to liberty is one of the pillars of modern constitutionalism, which is still quite different when implementing it in regional, supranational, and national systems. In Pakistan, the 2024 and 2025 legislative changes, namely the adoption of the 26th and 27th Constitutional amendments and the renewal of the Anti-Terrorism (Amendment) Act 2025, have brought about an immediate necessity of the comparative reconsideration of protective rights of personal liberty. The study uses qualitative doctrinal approach to compare structural and jurisprudential differences under Article 5 of the European Convention on Human Rights (ECHR) and Articles 9 and 10 of the Constitution of Pakistan. The paper demonstrates that the ECHR approach of exhaustive list provides a better degree of predictability and judicial control than the Pakistan (in accordance with law) approach. It is concluded that Pakistan needs to include more stringent procedures, check-gates and provide independence of Constitutional Benches which have just been formed to avoid executive overreach and be in line with world- best practices on human rights.
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Copyright (c) 2025 Ali Ahmar Mushtaq
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