A History Of The Constitution Of Bangladesh

Author : Ridwanul Hoque,Rokeya Chowdhury
Publisher : Taylor & Francis
Page : 392 pages
File Size : 50,5 Mb
Release : 2023-09-01
Category : Law
ISBN : 9781000934168

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A History of the Constitution of Bangladesh by Ridwanul Hoque,Rokeya Chowdhury Pdf

Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country’s constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.

Author : M Rafiqul Islam,Muhammad Ekramul Haque
Publisher : Springer Nature
Page : 439 pages
File Size : 51,5 Mb
Release : 2023-07-25
Category : Law
ISBN : 9789819925797

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The Constitutional Law of Bangladesh by M Rafiqul Islam,Muhammad Ekramul Haque Pdf

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

Author : Nagendra Kr. Singh
Publisher : Unknown
Page : 320 pages
File Size : 43,8 Mb
Release : 2003-01-01
Category : Constitutional law
ISBN : 8126115920

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Bangladesh: Constitution, Law And Justice by Nagendra Kr. Singh Pdf

As A Obvious From The Name Of The Title The Present Book Gives And Elaborate Account Of Bangladesh Constitution, Law And Justice. The Major Topics Contained Herein Are The Constitution Of East Pakistan(1956); Abrogating Constitution And Declaring Martial Law (1962); Constitutional Department (1972-1982); Constitution Of Bangladesh; Constitutional Aspects; The First Constitution Based On The 6-Point Formula, The Sea S Law; The Judiciary; The Domestic Jurisdiction; Domestic Jurisdiction On Liberation Movement; Humanitarian Intervention And International Law; Un Convention On The Crime Of Genocide; State Of Constitutional Politics; Council Structure Of East Pakistan; Crime Against Humanity Etc.Academics In The Field Of Law, Politics, History, Public Administration And International Relations Besides The Policy Planners Will Find This Book Useful And Informative.

Author : Anonim
Publisher : Unknown
Page : 48 pages
File Size : 52,7 Mb
Release : 2018
Category : Constitutional law
ISBN : OCLC:1097453304

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The Constitution of the People's Republic of Bangladesh by Anonim Pdf

Author : Ridwanul Hoque
Publisher : Cambridge Scholars Publishing
Page : 395 pages
File Size : 52,8 Mb
Release : 2011-01-18
Category : Law
ISBN : 9781443828222

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Judicial Activism in Bangladesh by Ridwanul Hoque Pdf

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Author : Willem van Schendel
Publisher : Cambridge University Press
Page : 459 pages
File Size : 49,8 Mb
Release : 2020-07-02
Category : History
ISBN : 9781108473699

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A History of Bangladesh by Willem van Schendel Pdf

A revised and updated edition of Willem van Schendel's state-of-the-art history, revealing the vibrant and colourful past of Bangladesh.

Author : Mahmudul Islam
Publisher : Unknown
Page : 816 pages
File Size : 55,5 Mb
Release : 1995
Category : Bangladesh
ISBN : UOM:39015037329623

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Constitutional Law of Bangladesh by Mahmudul Islam Pdf

CONTENTS.

Author : Sonia Zaman Khan
Publisher : Routledge
Page : 260 pages
File Size : 42,8 Mb
Release : 2017-10-25
Category : Law
ISBN : 9781351860246

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The Politics and Law of Democratic Transition by Sonia Zaman Khan Pdf

Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.

Author : Ran Hirschl,Yaniv Roznai
Publisher : Cambridge University Press
Page : 387 pages
File Size : 44,5 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781009473248

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Deciphering the Genome of Constitutionalism by Ran Hirschl,Yaniv Roznai Pdf

"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 53,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Author : Simon J. Gilhooley
Publisher : Cambridge University Press
Page : 0 pages
File Size : 40,7 Mb
Release : 2022-04-14
Category : Political Science
ISBN : 110879145X

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The Antebellum Origins of the Modern Constitution by Simon J. Gilhooley Pdf

This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 458 pages
File Size : 47,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Author : Salahuddin Ahmed
Publisher : APH Publishing
Page : 400 pages
File Size : 40,5 Mb
Release : 2004
Category : History
ISBN : 8176484695

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Bangladesh by Salahuddin Ahmed Pdf

A. P. H.

Author : Hamid Khan
Publisher : Oxford University Press, USA
Page : 902 pages
File Size : 40,6 Mb
Release : 2020-04-05
Category : Law
ISBN : 0199407827

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Constitutional and Political History of Pakistan by Hamid Khan Pdf

It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 45,6 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877

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India's Founding Moment by Madhav Khosla Pdf

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--