The Constitutional Law Of Bangladesh

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The Constitutional Law of Bangladesh

Author : M Rafiqul Islam,Muhammad Ekramul Haque
Publisher : Springer Nature
Page : 439 pages
File Size : 40,9 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.

A History of the Constitution of Bangladesh

Author : Ridwanul Hoque,Rokeya Chowdhury
Publisher : Taylor & Francis
Page : 392 pages
File Size : 46,7 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.

Constitutional Law of Bangladesh

Author : Mahmudul Islam
Publisher : Unknown
Page : 816 pages
File Size : 55,9 Mb
Release : 1995
Category : Bangladesh
ISBN : UOM:39015037329623

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Constitutional Law of Bangladesh by Mahmudul Islam Pdf

CONTENTS.

Bangladesh: Constitution, Law And Justice

Author : Nagendra Kr. Singh
Publisher : Unknown
Page : 320 pages
File Size : 44,8 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.

The Constitution of Bangladesh

Author : Arafat Hosen Khan
Publisher : Taylor & Francis
Page : 114 pages
File Size : 48,6 Mb
Release : 2022-12-30
Category : Political Science
ISBN : 9781000829716

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The Constitution of Bangladesh by Arafat Hosen Khan Pdf

The book provides a comprehensive introduction to the Constitution of Bangladesh. It traces the sociopolitical and legal context of its birth in the aftermath of a violent Independence War, through to the seventeen amendments to date as Bangladesh evolved through military coups and dictatorships, shifting alliances between religious and political parties, and the emergence of development state. Aimed at readers who are keen to understand the underpinnings of the constitutional system, its evolution, and the politics behind the scenes, the book will explore the impact of political bargains and extra-legal developments on the evolution of the Constitution instead of treating it as a standalone doctrine. By focusing on the overall sociopolitical context up until 2020, the book departs from the dominant tendency in legal scholarship to restrict attention to the development of the Constitution from its inception to the modern day. The volume will be of great interest to scholars and researchers of law, politics and South Asian studies.

The Constitution of Bangladesh

Author : Cynthia Farid,Shahdeen Malik
Publisher : Hart Publishing
Page : 0 pages
File Size : 40,8 Mb
Release : 2023-11-02
Category : Law
ISBN : 9781509953936

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The Constitution of Bangladesh by Cynthia Farid,Shahdeen Malik Pdf

Following the successful formula of the series, this book offers an introductory but authoritative overview to the constitution of Bangladesh. It looks at the shape and working of the constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

Judicial Activism in Bangladesh

Author : Ridwanul Hoque
Publisher : Cambridge Scholars Publishing
Page : 395 pages
File Size : 41,7 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)

States of Emergency and the Law

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
Page : 282 pages
File Size : 50,7 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781351685924

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States of Emergency and the Law by M. Ehteshamul Bari Pdf

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

The Independence of the Judiciary in Bangladesh

Author : M. Ehteshamul Bari
Publisher : Springer Nature
Page : 192 pages
File Size : 55,8 Mb
Release : 2021-12-01
Category : Law
ISBN : 9789811662225

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The Independence of the Judiciary in Bangladesh by M. Ehteshamul Bari Pdf

This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.

Bangladesh Constitution

Author : Mustafa Kamal (Justice.)
Publisher : Unknown
Page : 200 pages
File Size : 50,9 Mb
Release : 1994
Category : Bangladesh
ISBN : UOM:39015033968671

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Bangladesh Constitution by Mustafa Kamal (Justice.) Pdf

The Conflicting Legal Framework of Bangladesh. An Evidence of Women's Property Rights That Demands Unification Without Discriminating Race or Ethnic Groups

Author : Nasima Talukder Monmoon
Publisher : GRIN Verlag
Page : 139 pages
File Size : 48,5 Mb
Release : 2020-09-18
Category : Law
ISBN : 9783346249388

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The Conflicting Legal Framework of Bangladesh. An Evidence of Women's Property Rights That Demands Unification Without Discriminating Race or Ethnic Groups by Nasima Talukder Monmoon Pdf

Doctoral Thesis / Dissertation from the year 2011 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A +, University of Information Technology & Sciences, course: LLM, language: English, abstract: The objective of this dissertation is to present a coordination of conflicting dynamics of the legal framework for women’s land rights in Bangladesh along with the consequential factors that generate discrimination among male and female. The constitution of Bangladesh has confirmed equal rights for all citizens without discriminating religion and gender, but the prevailing legislation for land and inheritance law has failed to ensure equality and justice. The ethnical groups in Bangladesh are Muslim, Hindu, Christian, Buddhist, and other minorities; all of them are individually religion biased inheritance law, which have deprived and discriminated women. Such religion based inheritance laws are not only conflicting with the constitutional principles, but also violated the constitutional supremacy. This study identified that the introducers of the religions are the representative of patriarchy and they kept their gender interest on land by depriving and discriminating the females. The common consent of all the religions are the discrimination between male and female for land rights is a universal norms made by the God, they would like to validate their favouritism and inequity by keeping provision of getting equal heavenly glory in the eternity for females who obey religion orders. The women’s advancement in education and knowledge has given them sense, that life out of life does not carry any meaning, they demand equal rights in the earth- not to the heaven. This study also acknowledged that no religion based inheritance law could ensure women’s equal property rights; thus, it is essential to introduce uniform property law for all citizens of Bangladesh based on gender equality that the original constitutional principal ensured regardless to the class, colour, race, and ethnic group.

Rights, Emergencies and Judicial Review

Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
Page : 409 pages
File Size : 55,9 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004633759

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Rights, Emergencies and Judicial Review by Imtiaz Omar Pdf

This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.