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Judicial Activism in Bangladesh
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...
A History of the Constitution of Bangladesh
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 constitution...
Constitutional Foundings in South Asia
South Asian constitutional foundings : beyond history / Kevin Y. L. Tan and Ridwanul Hoque -- India's constitutional founding : an enduring but mixed legacy / Arun K Thiruvengadam -- From nation to state : constitutional founding in Pakistan / Sadaf Aziz and Moeen Cheema -- The founding and making of Bangladesh's constitution / Ridwanul Hoque -- Dominion status and compromised foundations : the Soulbury Constitution and Sinhalese Buddhist nationalist responses to the founding of the Ceylonese State, 1931 -- 1956 / Roshan de Silva-Wijeyeratne -- Constitutional foundings in Nepal : experience with changing parameters / Bipin Adhikari -- Making Bhutan's Constitution : institutionalising a 'traditional' monarchy / Winnie Bothe -- Towards a Maldivian nation-state : the Constitutions of 1932 and 1968 / Shamsul Falaah -- Afghanistan : an aborted beginning / Ebrahim Afsah.
Deciphering the Genome of Constitutionalism
"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"--
The Constitutional Law of Bangladesh
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 Banglad...
Understanding Fifty Years of Bangladesh Politics
This book studies the first 50 years of Bangladesh politics since independence. It looks at Bangladesh politics as a unique case for study to analyze and understand the role of institutions, political parties, the election commission, election-time government, judiciary, the media, etc. The volume cross-examines the 1971 War of Liberation and the brutal killing of the republic’s founding father in 1975 as the two great divides that crystallized in the political arena between the Awami League on the one side and the BNP and Jamaat-e-Islami on the other. Through deep dives on major historical events and key political developments that have since shaped Bangladesh’s entire society and politics, it then delves into topics including the parliament, electoral integrity, civil society, and politics as they take on a confrontational course. An incisive study on major struggles, achievements, and challenges faced by Bangladesh in the 20th century, this volume will be of great interest to scholars and researchers in political science, democracy, modern history, and South Asia studies.
Eternity Clauses in Democratic Constitutionalism
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanis...
Interdisciplinary Reflections on South Asian Transitions
This book presents an interdisciplinary understanding of the social, and economic drivers of far-right politics in South Asia. In response to the growth of xenophobia, reactionary nationalism, authoritarianism, and aggressive leadership in the region, it examines both the religious and economic conditions that have encouraged far-right populism and the profit-driven capitalist systems it produces. The book also delves into the unique histories of South Asia, along with the region's religious and cultural traditions, to provide context for broader economic and political trends and shed light on the consolidation of wealth and growing inequality. The book thoroughly explores the economic and political transformation of South Asia resulting from far-right populism, making it a valuable resource for students and researchers in the fields of political economy and South Asian studies.
Unstable Constitutionalism
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Unconstitutional Constitutional Amendments
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
