Constitutionalism in Bangladesh: An Analytical Study

Abstract

Constitutionalism in Bangladesh has evolved through a complex history marked by colonial legacies, military interventions, and democratic transitions. Scholars broadly agree that while Bangladesh has a formal constitution that enshrines the principles of democracy, rule of law, and fundamental rights, its practical implementation has been inconsistent. Ahmed (2012) argues that constitutionalism in Bangladesh has often been undermined by the dominance of executive power and the politicization of state institutions. He highlights that repeated constitutional amendments, particularly those affecting the judiciary and election systems, have weakened the foundational principles of constitutional governance. Moniruzzaman (2009) focuses on the cyclical pattern of military rule and its effect on the constitutional order. He contends that military regimes have often suspended or manipulated the constitution to serve their interests, leaving a legacy of constitutional instability. Huq and Alim (2015) emphasize the role of the judiciary in upholding constitutionalism, noting both progress and setbacks. They point to landmark judgments, such as the 5th and 13th Amendment Cases, which reaffirmed the supremacy of the constitution but also exposed the vulnerability of judicial independence under political pressure. Additionally, scholars like Riaz (2013) explore the tension between constitutional ideals and political realities. He argues that while democratic elections are held regularly, authoritarian practices and limited political tolerance hinder the development of a robust constitutional culture. Recent literature also highlights the role of civil society and media in demanding accountability and promoting constitutional awareness. However, concerns remain about shrinking civic space and the use of legal mechanisms to suppress dissent. In summary, the literature reveals that constitutionalism in Bangladesh is a contested and evolving concept, with legal, political, and institutional dimensions that reflect the country‘s turbulent political history.