Topic outline

  • General

  • INTRODUCTION


    • WELCOME MESSAGE Lesson

      My Dear Students,

      Welcome to Constitutional Law of Bangladesh-II (LAW 215). 

      We are in a pandemic situation and social distancing is the only way to avoid infection of COVID 19. In this situation, distance learning is the only way to education. Daffodil International University is a digital university. It has much better preparation for conducting online classes. In this regard, I want to mention that BLC is a very effective platform for online activities.

      You will get a conceptual and practical overview of the Constitution of the People's Republic of Bangladesh. I hope you will enjoy the course. Good luck!

      Thank you 

      https://drive.google.com/file/d/1rptVZ0JAyOelpyCZG2jCU-L-uul46bdt/view?usp=sharing


    • Course Summary & Objectives Book

      Summary of I would like to welcome you all to this course on Legal History. I am very much looking forward to have a great learning session with you all during these extraordinary times.

      Ambiguity in Article 93 of Our Constitution: Can the President Amend Any Constitutional Provision? - Dhaka Law Review


      Your Course Instructor:




      Course Objectives

          • To teach the students about the constitutional law of Bangladesh in detail
          • To teach the students about the function of the state

      Course Outcomes

      At the end of the course, the students will be able to:

          • Learn about the basics of the constitutional law of Bangladesh
          • Learn how to implement fundamental rights through judicial review
          • Learn how to file a writ petition

      Course Contents

          • Martial Law & Constitutional Supremacy
          • Structure of the Supreme Court of Bangladesh
          • Judicial Review
          • Separation of Powers
          • Independence of Judiciary
          • Writs
          • Public Interest Litigation (PIL)
          • Constitutional Amendment
          • Doctrine of Basic Structure
          • Election Commission
          • Public Service Commission
          • Administrative Tribunal
          • Different Constitutional Doctrines

      Counseling Hour

      Dear Students, 

      You may connect me here for a virtual/Physical meeting in line with the given timeline. 

      Day

      Sunday

      Monday

      Tuesday

      Wednesday

      TIME

      3.00pm to 4.10pm

      03.00pm to 4.00pm

      10.00am to 1.00pm

      12.00Pm to 2.00pm



    • Course Outline File

      Here a document file of LESSON PLAN has been uploaded.

    • Course Assessment Plan File

      A document file regarding Course Assessment Plan has been uploaded.


    • Book References File

      Although I have uploaded a document file of a list of reference books, I will mention the best two of them.

        1. Mahmudul Islam, Constitutional Law of Bangladesh, Third Edition, 2012, Dhaka: Mullick Brothers
        2. M. Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh, 2019, Chittagong: Book Zone Publication

  • Emergency Provision





    Objectives of this Lecture:

    To teach the student about the basic concept of

    a.       “What is Emergency Situation”

    b.      Related Provisions

    c.       Circumstances when emergency can be proclaimed

    d.      scope of law-making power during emergency

    e.       Position of fundamental rights

    f.       Suspension of rights for greater interests of the society.

    g.      Legal position of such law

    h.      Way of enforcement of fundamental rights

    i.        Infringement of fundamental Rights during Emergency

    j.        When Proclamation ceases to operate

    k.      Consequences of a Declaration of Emergency

    Lecture Outcomes:

    At the end of the session students will be able to learn and understand the following topics:

    a)      “What is Emergency Situation”

    b)      Related Provisions

    c)      Circumstances when emergency can be proclaimed

    d)     scope of law-making power during emergency

    e)      Position of fundamental rights

    f)       Suspension of rights for greater interests of the society.

    g)      Legal position of such law

    h)      Way of enforcement of fundamental rights:

    i)        Infringement of fundamental Rights during Emergency

    j)        When Proclamation ceases to operate

    k)      Consequences of a Declaration of Emergency

     

    Course Contents:

    a)         “What is Emergency Situation”

    b)         Related Provisions

    c)         Circumstances when emergency can be proclaimed

    d)         scope of law-making power during emergency

    e)         Position of fundamental rights

    f)         Suspension of rights for greater interests of the society.

    g)         Legal position of such law

    h)         Way of enforcement of fundamental rights

    i)          When Proclamation ceases to operate

    j)          Consequences of a Declaration of Emergency




  • TOPIC 3: JUDICIAL REVIEW

    Lecture Objectives

                • To teach the students about the origin of judicial review
                • To teach the students about function of judicial review

    Lecture Outcomes

    At the end of the session, the students will be able to:

                • Learn how to scrutinise the Acts of the Parliament
                • Learn how judicial review checks and balances the powers
                • Learn how judicial review strengthens and weakens democracy at the same time.

    Lecture Contents

                • Origin of Judicial Review
                • Incorporation of Judicial Review in Bangladesh Constitution
                • Judicial Review and Separation of Powers

    • External Link 1: Case Summary of Marbury v Madison (1803)


    • External Link 2: Judicial Review

      This video is going to tell you about the Supreme Court's most important case, Marbury v. Madison, and how the court granted itself the power of judicial review. Judicial review is the power to examine and invalidate actions of the legislative and executive branches. It happens at both the state and federal court levels, but today we're going to focus primarily on the court at the top - the Supreme Court of the United States. Now it's important to remember that the court has granted itself these powers and they aren't found within the Constitution, but as with the executive and legislative branches, the courts rely heavily on implied powers to get stuff done.


    • External Link 3: Dramatization of Marbury v Madison (1803)

      In this 1803 case the Supreme Court established its responsibility to review the constitutionality of acts of Congress. President John Adams appointed Federalist William Marbury as justice of the peace, but failed to deliver Marbury's official commission before President Jefferson and the Democratic-Republicans took over the administration. Marbury asked the Supreme Court to order Jefferson's Secretary of State, James Madison, to deliver the commission. Marbury's demand precipitated a confrontation between Chief Justice Marshall and President Thomas Jefferson. The Supreme Court held that it did not have jurisdiction and declared that the law permitting the Court to hear the case was unconstitutional.


    • External Link 4: Lecture on Marbury v Madison (1803) by Professor Risa Goluboff


    • Discussion Forum (A)

      Write case summery on "Marbury vs. Madison" 

    • Discussion Forum (B)

      Write case summery on "Marbury vs. Madison" 

  • Anti Defection Law in Art:70 and the Myth of Parliamentary Democracy in Bangladesh



    Lecture Objectives

        • To teach the students about meaning of Political Defection
        • To teach the students about Anti Defection Law in Art:70 and the Myth of Parliamentary Democracy in Bangladesh 

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Get the overall idea of the Anti Defection Law in Art:70 and t
        • Learn how  Parliamentary Democracy in Bangladesh work according to Art; 70

    Lecture Contents

    • General Idea of Political Defection 
    • The Article 70(1) of Bangladesh Constitution
    • Rationale behind Article 70
    • Effects of Article 70(1) of Bangladesh constitution
    • Positive affect of Article 70 of Bangladesh Constitution
    • Practices of Rationale behind Article 70Anti-defection Law in other Countries






  • Writs


    Lecture Objectives

                • To teach the students about the origin and development of writ jurisdiction
                • To teach the students about different types of writs

    Lecture Outcomes

    At the end of the session, the students will be able to:

                • Identify the use of writs in ensuring rights
                • Understand the importance of writs

    Lecture Contents

    Definition of Writ
    Origin of Writ
    Development of Writ
    Different Types of Writs
    Article 102(2)

    • Law of Writs in Bangladesh URL

      As a judicial control of the administrative action, constitution provides power upon the High Court to issue any writ as required, so that the speedy measure may be taken against the administrative power ultra vires. Historically, writ originated and developed in British legal system. Initially writs were Royal prerogatives. Since only the king or queen as the fountain of justice could issue writs, they were called prerogative writs.’’ They were called prerogative writs because they were conceived as being intimately connected with the rights of the crown.’’ The king issued writs through the court of king’s Bench or the Court of Chancery. The prerogative writs were five in number-Habeas Corpus, Certiorari, Prohibition, Mandamus and Quo-Warranto. The king issued them against his officers to compel them to exercise their functions properly or to prevent them from abusing their powers. Subjects being aggrieved by the actions of the king’s officials came to the King and appealed for redress. And the King through the above mentioned two courts issued them against his officials to give remedies to his subjects. Gradually as the government functions increased and the concept of rule of law emerged and the courts became independent, these writs came to be the prerogatives of the court instead of the King and lastly they came to be the prerogative of the people for they are now guaranteed rights in the constitutions of many countries and citizens can invoke them as of right. In Bangladesh, there is no prerogative power belonging to any organ of government. But the power to issue writ corresponding to English prerogative writ has been vested in the High Court Division under Article 102 of the Constitution. Article 102 of the Constitution of the Peoples Republic of Bangladesh is the core of writ jurisdiction.

    • Discussion Forum
      View Start discussions: 1 Post replies: 1 Make forum posts: 1

      What you have understood from today's class ?




    • Discussion forum Batch 43

      Who can issue writs?



    • Discussion forum Batch 44

      Who can issue writs?



  • Amendment


    Lecture Objectives

        • To teach the students about the definition of amendment
        • To teach the students about different forms of amendment

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Learn what is amendment
        • Learn about the classification of amendment
        • Learn

    Lecture Contents

  • Doctrine of Basic Structure

    Doctrine of Basic Structure : The Constitution of Bangladesh


    Lecture Objectives

        • To teach the students about the basic concept of the doctrine of basic structure
        • To teach the students about the development of the doctrine

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Learn the orign and development of the doctrine
        • Learn the present condition
        • Learn the abuse of the doctrine

    Lecture Contents

        • Basic Concept
        • Origin
        • Development
        • Present Condition
        • Abuse of the Doctrine
        • Democracy vis-a-vis Doctrine

  • TOPIC1 : SEPARATION OF POWERS

    The Doctrine of Separation of Powers explained. | by The Phoenix | brain on the table | Medium

    Lecture Objectives

                • To teach the students about three fundamental powers and their inter-relationship
                • To teach the students about importance of separation of powers

    Lecture Outcomes

    At the end of the session, the students will be able to:

                • Identify the relationship of different organs of the state
                • Learn about the checks and balances
                • Recognise the necessity of separation of powers

    Lecture Contents

    Montesquieu's Theory of Separation of Powers
    Development of Separation of Powers in England
    Incorporation of Separation of Powers in US Constitution
    Comparative Study of Separation of Powers in Bangladesh and UK & USA

  • TOPIC 2: SUPREME COURT OF BANGLADESH


    Introduction

    Supreme Court of Bangladesh is the centre of providing complete justice and doing legal experiment. Without knowing about the establishment of the Supreme Court, qualifications of the Judges, powers and functions of the Supreme Court and most importantly its jurisdictions, we are blind of the constitutional landscape of Bangladesh.

    • Topic Objectives File

            • To teach the students about the establishment of the Supreme Court
            • To teach the students about the appointment and qualifications of judges

        Topic Outcomes

        At the end of the session, the students will be able to:

            • Learn about the formation of the Supreme Court
            • Think critically about the qualification of Judges

      • Topic Contents

            • Establishment of the Supreme Court
            • Appointment of Judges
            • Qualification of Judges
            • Removal of Judges
            • Disqualification of Judges after Retirement
            • Additional Judge

    • Lecture Note File
      View

      Powerpoint presentation


    • Discussion Forum
      View Start discussions: 1 Post replies: 1 Make forum posts: 1

      Write only 5 lines about  " Supreme Court of Bangladesh".


  • TOPIC 5: INDEPENDENCE OF JUDICIARY


    Lecture Objectives

                • To teach the students about the meaning of Independence of Judiciary
                • To teach the students about the institutional arrangements for ensuring Judicial Independence

    Lecture Outcomes

    At the end of the session, the students will be able to:

                • Understand the importance of Independence of Judiciary
                • Identify the requirements to be fulfilled to ensure Judicial Independence

    Lecture Contents

                • Indicators of Independence of Judiciary,
                • Security of tenure,
                • Adequate remuneration and privileges,
                • Prohibition of pouring post retirement benefit,
                • Mode of appointment of Judges in the Higher & Lower Judiciary,
                • Independence of Higher Judiciary and Lower Judiciary in Bangladesh

  • Assignment

    As per the Assessment Plan, you have to submit an assignment that contains 5 marks.

  • RULE OF LAW & Independence of Judiciary



    Lecture Objectives

        • To teach the students about the general idea of rule of law
        • To teach the students about necessity of rule of law

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Learn the overall condition of rule of law in Bangladesh
        • Learn how rule of law can be ensured

    Lecture Contents

        • Definition of rule of law
        • Origin of rule of law
        • Magna Carta
        • Dr. Bonham Case
        • AV Dicey on rule of law
        • Tocqueville on rule of law
        • Tom Bingham on rule of law
        • Modern notion of rule of law

  • Election Commission (EC)

    Lecture Objectives

        • To teach the students about structure of the EC
        • To teach the students about powers and functions of the EC

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Learn the overall idea of the EC
        • Learn how EC works
        • Learn what are the functions of EC

    Lecture Contents

        • Structure of the EC
        • Power and Function of EC
        • Importance of Independent EC
        • Comparing EC in Bangladesh with those in India and the UK

  • TOPIC 1: MARTIAL LAW & CONSTITUTIONAL SUPREMACY


    • Under Martial Law regime, the constitution is either abdicated or suspended.

    • Introduction Page

      Under this topic, you are going to learn about how martial law is related to constitutionalism i.e. constitutional supremacy.

      In the last semester, you have learned that as per Article 7 of the Bangladesh Constitution, no law is superior to the constitution and if any law contradicts the constitution, such law shall be declared void. But is it true in cases of  the proclamation of martial law? That will be discussed under this topic.

    • Topic Objectives File

      Topic Objectives

          • To teach the students about the status of Martial law
          • To teach the students about the history and legal implication of Martial law

      Topic Outcomes

      At the end of the session, the students will be able to:

          • Learn about the pros and cons of martial law
          • Learn about the bad effect of martial law on democracy

      Topic Contents

          • Constitutionalism
          • Constitutional Supremacy
          • Martial Law
          • Doctrine of Necessity 
          • Doctrine of Efficacy

    • Lecture Notes File
      View

      Here I have uploaded a PowerPoint presentation on the Constitutionality of martial law.


    • External Link 1: Constitutional Supremacy Lesson

      No country can realize the idea of a stable and prosperous polity without an efficient and independent judiciary. The role of the judiciary in Bangladesh in upholding the Constitution and rule of law has not been impressive. Consequently, there is not only a frequent violation of the constitution but also a general decline in the integrity and performance of the judiciary, which ultimately affects every segment of society. The concept of Constitutional supremacy and continuity involves numerous aspects including the judiciary, political parties, bureaucracy, military, and other organs of the state and government. Not all the aspects of Constitutional supremacy and continuity are examined in this study. 

      To know more, please go to the link.

    • External Link 2: What Is Martial Law And How Does It Work?


    • External Link 3: Doctrine of Efficacy in Dosso case URL

      As to the doctrine of efficacy the court said : "The principle laid down in Dosso's case is wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or even otherwise."

    • Discussion Forum
      View Post replies: 1 Make forum posts: 1

      This is a Blog Forum. If you have any questions, queries or doubt on the topic i.e. Martial Law and Constitutional Supremacy, feel free to ask here. If you want to add something, do it if it is related to the topic.

  • TOPIC 6: MASDAR HOSSAIN CASE: ATTEMPT TO REALIZE INDEPENDENCE OF JUDICIARY

    Lecture Objectives

                • To teach the students about the landmark case
                • To teach the students about the achievement of the case

    Lecture Outcomes

    At the end of the session, the students will be able to:

                • Understand the significance of the case
                • Understand the facts, issues and judgment of the case

    Lecture Contents

                • Secretary, Ministry of Finance v Masdar Hossain (1999) [52 DLR (AD) 82] is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the Masdar Hossain case.

    • Class Lecture Note on Masdar Hossain Case Lesson
      View Go through the activity to the end

      PowerPoint Presentation

    • External Resource 1: Significance of Masdar Hossain Case URL

      The Constitution of Bangladesh provides for an impartial and independent judiciary as one of its cornerstones and guardian. In reality though, the judiciary has been subservient to the all-powerful executive government since independence in 1971. Various governments made rhetorical promises to separate the judiciary from the executive only to appease popular demand for an independent judiciary. The domineering culture of executive autocracy over the constitutional imperative of the separation of power militated against the creation of an independent judiciary. This situation led Masdar Hossain, a lower court judge, to lodge a writ petition with the Supreme Court (SC) seeking an order for the separation of the judiciary from the executive as required in Article 22 of the Constitution.

    • External Resource 2: Bangla Lecture on Masdar Hossian Case


    • Masdar Hossain Case & Independence of Judciary URL

      The dictionary meaning of ‘independence’ is ‘not subject to the control of any person, country, free to act as one pleases; autonomous, not affected by other etc. However, this meaning of independence is not applicable for the independence of judiciary. Judicial independence is defined, as a Judiciary uninhibited by outside influences which may jeopardize the neutrality of jurisdiction, which may include, but is not limited to, influence from another organ of the government (functional and collective independence), from the media (personal independence), or from the superior officers (internal independence) . Independence of judiciary truly means that the judges are in a position to make justice in accordance with their promise of office and only in accordance with their own sense of justice without submitting to any kind of pressure or influence from executive or legislative or from the parties themselves or from the superiors and colleagues.

    • Masdar Hossain Case URL
      View

      The link of the case is attached here.

    • Discussion Forum
      View Start discussions: 1 Post replies: 1 Make forum posts: 1

      This is a Blog Forum. If you have any questions, queries, or doubts on the topic, feel free to ask here. You can also add anything if it seems fit to you.

  • Public Interest Litigation (PIL)

    Lecture Objectives

        • To teach the students about the concept of PIL
        • To teach the students about origin of the concept

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Learn about the liberalization of Locus Standi
        • Learn about the significance of PIL

    Lecture Contents

        • Origin of PIL
        • Locus Standi
        • Development of PIL
        • NGOs' Engagement in PIL

    • CLASS LECTURE NOTE File
      View
      PowerPoint Presentation

    • Public Interest Litigation in Bangladesh URL

      The term ‘public interest litigation’ (PIL), a new phenomenon in our legal system, is used to describe cases where conscious citizens or organizations approach the court bona fide in public interest. In Bangladesh, concerned citizens and organizations have challenged illegal detention of and innocent person for 12 years without trial, importation if radio-active milk, environmental damage resulting from defective flood action programme, appointment of the Chief Metropolitan Magistrate without prior consultation with the Supreme Court and so on. Within its scope, which is continuously expanding, PIL includes cases involving poverty related problems, police atrocities, illegal detention, environmental and consumer matters, health related problems, rights of children and women, minority affairs and other human rights issues. This is significant new development from at least two standpoints. First, the courts are for the first time concerned with public interest matters. This is the beyond the traditional role of the judges who previously adjudicated private disputes only. Second, it involves a public law approach with respect to the rules of standing, procedure and remedies to that private citizen can advance public aims through the courts.

      Advancement of PIL in Bangladesh coincided with the restoration of democracy. Some attempts to introduce PIL in Bangladesh started since 1992. Initially, it was difficult to overcome the threshold problem. However, relentless efforts of the social activists enabled the progressive minded judges to interpret the Constitution liberally through a series of cases. When success finally came in 1996, the Supreme Court not only found that PIL is valid under the constitutional scheme, but that the Constitution mandates a PIL approach

    • Dr. Mohiuddin Farooque v. Bangladesh (1996) URL

      It is the most important/landmark case regarding public interest litigation (PIL). In this case, the concept of locus standi was broadened by the Appellate Division of the Supreme Court of Bangladesh following the path taken by the Indian Supreme Court.

    • Discussion Forum

      This is a Blog Forum. If you have any questions, queries, or doubts on the topic, feel free to ask here. You can also add anything if it seems fit to you.

  • ADMINISTRATIVE TRIBUNAL

    Lecture Objectives

        • To teach the students about meaning of Administrative law
        • To teach the students about powers and functions of the Administrative tribunals

    Lecture Outcomes

    At the end of the session, the students will be able to:

        • Get the overall idea of the Administrative law
        • Learn how Administrative tribunals work

    Lecture Contents

    • General Idea of Administrative Law
    • Administrative Tribunals in Bangladesh & Other States
    • Origin & Development of Administrative Tribunal
    • Constitutional Provision of Administrative Tribunals
    • Jurisdictions of Administrative Tribunals
    • Jurisdictions of Administrative Appellate Tribunals