Constitutionalism in Bangladesh: An Analytical Study of Constitutional Governance, Judicial Practice and Democratic Transformation

Abstract

The preface of the Constitution also required its aims and objectives and speaks for its supremacy. Unlike the starting of many other countries, the starting of our original Constitution has laid down exposed in clear terms. The aims and objectives of the Constitution was so unclear and in certain terms it spoke of representative democracy, rule of law, and the supremacy of the Constitution as the embodiment of the will of the people of Bangladesh. Even the validity of a law is tested by the benchmark of the Constitution: but there is no such benchmark to test validity of the Constitution. Its validity is natural and as such it is unchallengeable. All countries of the world have few basic characteristics in their Constitution and these rules are to ensure that the basic rights of the people are protected. Constitution also plays an important role to set the rules for forming the rules and regulations for the government, for constructing political party and for arranging the election of the country. Constitutional Law drawn primarily from constitution, including from such sources as decisions of the Supreme Court, legislation like the Representation of People Order (1972), the Rules of Procedure of Parliament, and constitutional conventions like the convention of consultation with the chief justice regarding appointment of the Judges of the Supreme Court. Adopted by the Constituent Assembly in November 1972, the Constitution of Bangladesh consists of 153 articles and 4 schedules arranged in eleven main parts to regulate the functioning of the state .