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The Constitution of Bangladesh, since its adoption in 1972, has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure the independence of the judiciary and the legislature from the executive.
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.
Judicial precedent is enshrined under Article 111 of the Constitution of Bangladesh. [4]Bangladeshi courts have provided vital judicial precedent in areas like constitutional law, such as in Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh, which declared martial law illegal.
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".
First page of the original Constitution of Bangladesh in Bangla. The Constitution of Bangladesh [a] —since its adoption by the 'controversial' [1] [2] [3] and virtually "one-party" [4] Constituent Assembly of Bangladesh in 1972—has repeatedly come under criticism for its failure to build institutionalism in governance and politics, safeguard human rights, and ensure the independence of the ...
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.
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]
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.