Constitutionalism without Constitutional Culture: Explaining the Fragility of Rule of Law in Bangladesh”

Abstract

Bangladesh possesses a formally sophisticated constitutional framework that, on paper, meets international standards for democratic governance. Yet the rule of law remains persistently fragile. This thesis argues that this paradox—constitutionalism without constitutional culture—explains the gap between constitutional text and lived reality. Drawing on theoretical frameworks from comparative constitutionalism, political culture studies, and democratic backsliding literature, this research examines how the absence of a shared constitutional culture among political elites, judicial actors, and citizens enables the "hollowing out" of constitutional norms. Through analysis of Bangladesh's constitutional trajectory from 1972 to the post-July 2024 period, this thesis demonstrates that constitutional endurance requires not merely institutional design but a foundational normative commitment that Bangladesh has yet to cultivate. The findings suggest that institutional reforms alone, including the recent separation of the judiciary, remain insufficient without corresponding transformation in political culture and constitutional consciousness.