Material Law

The material law definition explains that material law is a type of representation made to an individual with the goal of getting that person to enter into and agree to a contract that the person would not have normally done without that representation.

The "idea" of a constitution may be old.  After all even Aristotle had written about them.  However, the reality of "constitutions" as codified rules that define the structure of government, the relationship between its branches, and the rights and liberties of the people, is much more recent.  Even though the constitutions of San Marino and Sweden are technically older, it is the US constitution, ratified in 1789, which is generally considered to be the oldest continuously functioning written constitution.

While Bangladesh had a constitution, its commitment to "constitutionalism", i.e. embracing its principles and ensuring its sanctity and permanence, remained a bit shaky.  Drastic changes were introduced through the adoption of the 4th amendment on Jan 25, 1975, which radically shifted the initial focus of the constitution and turned it into a single-party, Presidential system, which curtailed the powers of the Parliament and the Judiciary, as well as the space for free speech or public assembly. 

In Bangladesh there have been some enabling conditions that have facilitated, and later intensified, this tendency.  First, in Weberian terms, it is "charismatic leadership" that prevails in Bangladesh (as opposed to rational/legal or coercive/traditional leadership).  The ability to appeal to the public through deploying the rhetorical, psychological and institutional instruments to "routinize" charisma also gives leaders an aura of absoluteness, and supports the fetishization of the "strong man" approach to leadership. Leaders "rule" through manipulating fear and favor.   Subordinates measure their importance in terms of their closeness to the leader which is cultivated through loyalty, service and sycophancy.  Ordinary people are encouraged to demonstrate subservience through regular and ritual affirmation of the leader's supremacy in exaggerated and, sometimes, comical ways.