Section outline
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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
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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.
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
2.00pm to 4.10pm
02.00pm to 4.00pm
12.00am to 1.00pm
01.00Pm to 2.30pm
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Here a document file of LESSON PLAN has been uploaded.
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A document file regarding Course Assessment Plan has been uploaded.
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Although I have uploaded a document file of a list of reference books, I will mention the best two of them.
- Mahmudul Islam, Constitutional Law of Bangladesh, Third Edition, 2012, Dhaka: Mullick Brothers
- M. Jashim Ali Chowdhury, An Introduction to the Constitutional Law of Bangladesh, 2019, Chittagong: Book Zone Publication
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Constitution of Bangladesh, Authoritative Textbooks and Journal Articles have been shared here.
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Class Time: Class will be held according to Class routine.
Batch 45: To join the video meeting, click this link:
https://meet.google.com/ufp-xfza-ckw
Batch 46:
To join the video meeting, click this link:
https://meet.google.com/sin-djxz-civ
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For more information and explanations go through this website:
For case analysis use these tools:
2. https://explainlikeimfive.io/
For MCQ
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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
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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
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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
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Could you relate this photo with our Today's Class ??? Write 10 sentence about this photo.
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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 WritOrigin of WritDevelopment of WritDifferent Types of WritsArticle 102(2)-
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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.
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What you have understood from today's class ?
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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
- Definition
- Classification
- Analysis of Article 142
- Discussion on First to Seventeenth Amendments
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Article 142 of the Constitution of the People's Republic of Bangladesh deals with Constitutional Amendment.
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As of 2019 the Constitution has been amended 17 times. Amending the Constitution of Bangladesh is the process of making changes to the nation's fundamental law or supreme law.
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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.
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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
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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
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Amending constitution is a culture; it is either democratic or plurality-conscious, or authoritarian or devoid of effective public participation. To qualify as democratic, amendments must be predicated upon a minimum level of consensus in society vis-à-vis a political or constitutional change. When that is not the case, we sometimes use a special phraseology called ‘abusive constitutionalism’ to refer to the change brought about. Abusive constitutionalism is a case where the body politic often shows that a particular amendment is needed and it has been done complying with all the procedures, but that is actually not the case. It is indeed a scenario of colourable exercise of parliament’s amendment power.
Read the interview here: https://www.thedailystar.net/law-our-rights/law-interview/the-risk-abusive-constitutionalism-1487266 -
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.
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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 PowersDevelopment of Separation of Powers in EnglandIncorporation of Separation of Powers in US ConstitutionComparative Study of Separation of Powers in Bangladesh and UK & USA-
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Students mustMark as doneWhat you have understood from today's Class ? Discuss.
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Students mustViewStart discussions: 1Post replies: 1Make forum posts: 1
This is a Blog Forum. Please give today's class feedback here.
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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.
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- 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
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Write only 5 lines about " Supreme Court of Bangladesh".
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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
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Students mustViewSpend at least 30 mins on this activityGo through the activity to the end
PowerPoint Presentation
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CJ Sinha deplores the draft rules relating to lower court judges, prepared by the law ministry.
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This is a Blog Forum. If you have any questions, queries, or doubts on the topic i.e. Independence of Judiciary, feel free to ask here.
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As per the Assessment Plan, you have to submit an assignment that contains 5 marks.
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Students mustViewMake a submission
Please submit your assignment here
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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
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Write the power and function of election Commission .
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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.
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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
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Here I have uploaded a PowerPoint presentation on the Constitutionality of martial law.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
