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Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost ...
Anwar Hussain . Vs. Bangladesh [10] widely known as 8th Amendment case is a famous judgment in the constitutional record of independence Bangladesh. This is the earliest judgment whereby the Supreme Court of Bangladesh as salient down an amendment to the constitution ready by the parliament.
The Constitution became effective on Bangladesh's Victory Day, precisely one year after the signing of the Instrument of Surrender. [7] The constitution has been amended 17 times since its adoption, a two-thirds supermajority is required in the Jatiya Sangsad to secure a constitutional amendment.
The Supreme Court held that the principles of natural justice are inherently universal. It further observed that according to the third paragraph of the Preamble of the Constitution, the fundamental aim of the state is a society in which the "rule of law, fundamental human rights and freedom, equality and justice, political, economic and social shall be secured".
In Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, the court ruled against military rule and martial law, while at the same time restoring some secularist clauses of the original 1972 constitution. [8] In 2017, the sixteenth amendment to the Bangladeshi constitution was scrapped by the supreme court. [9] [10]
Bangladesh has instituted a unique system of transfer of power; at the end of the tenure of the government, power is handed over to members of a civil society for three months, who run the general elections and transfer the power to elected representatives. This system was first practiced in 1991 and adopted to the constitution in 1996. [5]
The constitution of Bangladesh allows the President to appoint the Chief Justice of Bangladesh after receiving advice from the Prime Minister. Concerns of politically motivated court cases have continually emerged, and concerns regarding the politically appointed judiciary favouring the concurrent government is a contested debate in Bangladesh.
The Constituent Assembly of Bangladesh was the first and, to date, the only constitution-making body of Bangladesh, convened in 1972 by the government of Sheikh Mujibur Rahman following the country's independence. [2] It comprised representatives elected in the national and provincial council elections of Pakistan held in 1970.