The Constitutional Law of Bangladesh : Progression and Transformation at its 50th Anniversary / edited by M Rafiqul Islam, Muhammad Ekramul Haque.
2023
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Title
The Constitutional Law of Bangladesh : Progression and Transformation at its 50th Anniversary / edited by M Rafiqul Islam, Muhammad Ekramul Haque.
Added Corporate Author
Edition
1st ed. 2023.
Imprint
Singapore : Springer Nature Singapore : Imprint: Springer, 2023.
Description
XXX, 424 p. 1 illus. online resource
Formatted Contents Note
INTRODUCTION
PART ONE: CONSTITUTION-MAKING, CHANGES AND PHILOSOPHY
CHAPTER 1: THE MAKING OF THE CONSTITUTION OF BANGLADESH AND MAKING IT WORK
CHAPTER 2: CONSTITUENT ASSEMBLY DEBATES ON THE BANGLADESH CONSTITUTION: INTENTIONS, INSIGHT, AND IMPLEMENTATION
CHAPTER 3: SECULARISM AS A STATE POLICY, STATE RELIGION, AND MINORITY RIGHTS IN THE CONSTITUTION: BENIGN OR MALIGN FOR COMMUNAL HARMONY IN BANGLADESH?
CHAPTER 4: CONSTITUTIONAL RECOGNITION OF CUSTOMARY INTERNATIONAL LAW IN BANGLADESH
CHAPTER 5: CONSTITUTIONAL CHANGES IN BANGLADESH: UNDERSCORING THE NEED FOR PUBLIC PARTICIPATION IN THE PROCESS
PART TWO: ORGANS OF THE STATE, CONSTITUTIONAL INSTITUTIONS AND THEIR FUNCTIONS
CHAPTER 6: ROLE OF PARLIAMENT IN ENSURING DEMOCRATIC ACCOUNTABILITY IN BANGLADESH: SETTING THE AGENDA FOR A STRENGTHENED PARLIAMENTARY SYSTEM
CHAPTER 7: CONSTITUTIONALISATION OF GOOD GOVERNANCE AND HUMAN RIGHTS: WHERE DOES BANGLADESH STAND AT FIFTY YEARS?
CHAPTER 8: MECHANISMS FOR JUDICIAL ACCOUNTABILITY IN THE CONTEMPORARY WORLD: WHITHER BANGLADESH?
CHAPTER 9: FIFTY YEARS OF ELECTIONEERING IN BANGLADESH: THE COLLAPSE OF A CONSTITUTIONAL DESIGN
PART THREE: SPECIALISED CONSTITUTIONAL RIGHTS AND ISSUES
CHAPTER 10: RESTRICTIONS ON THE CONSTITUTIONAL FUNDAMENTAL RIGHTS IN BANGLADESH: WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY
CHAPTER 11: PROTECTION THROUGH CONSTITUTIONAL GUARANTEES: THE CASE OF WOMEN, CHILDREN, AND BACKWARD SECTIONS OF THE PEOPLE
CHAPTER 12: THE 'INTERNATIONAL CRIMES' EXCEPTION TO THE FUNDAMENTAL RIGHTS REGIME OF THE BANGLADESH CONSTITUTION
CHAPTER 13: ENVIRONMENTAL CONSTITUTIONALISM IN BANGLADESH: FROM RECOGNITION TO PRACTICE IN THE 21ST CENTURY
CHAPTER 14: TOWARDS A CONSTITUTIONAL LAW FRAMEWORK FOR FOREIGN DIRECT INVESTMENTS AND INTELLECTUAL PROPERTY RIGHTS REFORM: THE CASE OF BANGLADESH
CHAPTER 15: REFUGEE PROTECTION UNDER THE CONSTITUTION OF BANGLADESH: THE ROHINGYA REFUGEES IN CONTEXT
CHAPTER 16: OCEAN GOVERNANCE AND THE CONSTITUTION OF BANGLADESH: EMERGING RIGHTS OF THE PEOPLE AND NATURE
CHAPTER 17: DIGITAL CONSTITUTIONALISM IN BANGLADESH TO PROTECT RIGHT TO PRIVACY IN BIG DATA REGIME
PART FOUR: CONSTITUTIONAL REMEDIES
CHAPTER 18: ECONOMIC, SOCIAL AND CULTURAL RIGHTS: TRANSFORMATION OF NON-JUSTICIABLE CONSTITUTIONAL PRINCIPLES TO JUSTICIABLE RIGHTS IN BANGLADESH
CHAPTER 19: THE WRIT JURISDICTION IN BANGLADESH: IN SEARCH OF A CONSISTENT PROCEDURAL FRAMEWORK
CHAPTER 20: EMERGENCY POWERS AND MARTIAL LAW UNDER THE CONSTITUTION OF BANGLADESH
CHAPTER 21: JUDICIAL LAWMAKING IN BANGLADESH: LOOKING BACK AND INTO THE FUTURE
CHAPTER 22: PUBLIC INTEREST LITIGATION AND THE CONSTITUTION OF BANGLADESH: PAST, PRESENT, AND FUTURE
BIBLIOGRAPHY
INDEX.
PART ONE: CONSTITUTION-MAKING, CHANGES AND PHILOSOPHY
CHAPTER 1: THE MAKING OF THE CONSTITUTION OF BANGLADESH AND MAKING IT WORK
CHAPTER 2: CONSTITUENT ASSEMBLY DEBATES ON THE BANGLADESH CONSTITUTION: INTENTIONS, INSIGHT, AND IMPLEMENTATION
CHAPTER 3: SECULARISM AS A STATE POLICY, STATE RELIGION, AND MINORITY RIGHTS IN THE CONSTITUTION: BENIGN OR MALIGN FOR COMMUNAL HARMONY IN BANGLADESH?
CHAPTER 4: CONSTITUTIONAL RECOGNITION OF CUSTOMARY INTERNATIONAL LAW IN BANGLADESH
CHAPTER 5: CONSTITUTIONAL CHANGES IN BANGLADESH: UNDERSCORING THE NEED FOR PUBLIC PARTICIPATION IN THE PROCESS
PART TWO: ORGANS OF THE STATE, CONSTITUTIONAL INSTITUTIONS AND THEIR FUNCTIONS
CHAPTER 6: ROLE OF PARLIAMENT IN ENSURING DEMOCRATIC ACCOUNTABILITY IN BANGLADESH: SETTING THE AGENDA FOR A STRENGTHENED PARLIAMENTARY SYSTEM
CHAPTER 7: CONSTITUTIONALISATION OF GOOD GOVERNANCE AND HUMAN RIGHTS: WHERE DOES BANGLADESH STAND AT FIFTY YEARS?
CHAPTER 8: MECHANISMS FOR JUDICIAL ACCOUNTABILITY IN THE CONTEMPORARY WORLD: WHITHER BANGLADESH?
CHAPTER 9: FIFTY YEARS OF ELECTIONEERING IN BANGLADESH: THE COLLAPSE OF A CONSTITUTIONAL DESIGN
PART THREE: SPECIALISED CONSTITUTIONAL RIGHTS AND ISSUES
CHAPTER 10: RESTRICTIONS ON THE CONSTITUTIONAL FUNDAMENTAL RIGHTS IN BANGLADESH: WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY
CHAPTER 11: PROTECTION THROUGH CONSTITUTIONAL GUARANTEES: THE CASE OF WOMEN, CHILDREN, AND BACKWARD SECTIONS OF THE PEOPLE
CHAPTER 12: THE 'INTERNATIONAL CRIMES' EXCEPTION TO THE FUNDAMENTAL RIGHTS REGIME OF THE BANGLADESH CONSTITUTION
CHAPTER 13: ENVIRONMENTAL CONSTITUTIONALISM IN BANGLADESH: FROM RECOGNITION TO PRACTICE IN THE 21ST CENTURY
CHAPTER 14: TOWARDS A CONSTITUTIONAL LAW FRAMEWORK FOR FOREIGN DIRECT INVESTMENTS AND INTELLECTUAL PROPERTY RIGHTS REFORM: THE CASE OF BANGLADESH
CHAPTER 15: REFUGEE PROTECTION UNDER THE CONSTITUTION OF BANGLADESH: THE ROHINGYA REFUGEES IN CONTEXT
CHAPTER 16: OCEAN GOVERNANCE AND THE CONSTITUTION OF BANGLADESH: EMERGING RIGHTS OF THE PEOPLE AND NATURE
CHAPTER 17: DIGITAL CONSTITUTIONALISM IN BANGLADESH TO PROTECT RIGHT TO PRIVACY IN BIG DATA REGIME
PART FOUR: CONSTITUTIONAL REMEDIES
CHAPTER 18: ECONOMIC, SOCIAL AND CULTURAL RIGHTS: TRANSFORMATION OF NON-JUSTICIABLE CONSTITUTIONAL PRINCIPLES TO JUSTICIABLE RIGHTS IN BANGLADESH
CHAPTER 19: THE WRIT JURISDICTION IN BANGLADESH: IN SEARCH OF A CONSISTENT PROCEDURAL FRAMEWORK
CHAPTER 20: EMERGENCY POWERS AND MARTIAL LAW UNDER THE CONSTITUTION OF BANGLADESH
CHAPTER 21: JUDICIAL LAWMAKING IN BANGLADESH: LOOKING BACK AND INTO THE FUTURE
CHAPTER 22: PUBLIC INTEREST LITIGATION AND THE CONSTITUTION OF BANGLADESH: PAST, PRESENT, AND FUTURE
BIBLIOGRAPHY
INDEX.
Summary
This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. It is a very useful resource for the comparative constitutional researchers and readers who will find in chapters (a) the critical analysis of the textual and contextual aspects of the Constitution and relevant judicial precedents, (b) the projection of the future roadmap for the journey of constitutionalism in Bangladesh with policy options for the revision of the Constitution, and (c) a much larger task of unveiling the interpretative approach of the constitutional law of Bangladesh from national, regional, and global comparative constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution of Bangladesh and provides intellectual observations on its evolutionary progression and transformation over 50 years from the embryonic stage to mid-December 2022. The book looks back to the constituent assembly debates on drafting the Constitution, intentions and aspirations of the constitution makers, constitutional goals achieved and failures suffered, and envisages its future directions. In this comprehensive study, the first of its kind, native and foreign constitutional authoritative voices scholarly assess the constitutional design, the reasons for its successes and failures, challenges ahead, and ventilate their palatable recommendations for progressive development of the constitutional law of Bangladesh to elevate it to a new height in the 21st century and beyond. Professor Richard Albert, University of Texas at Austin, US writes: This book 'is a gift to scholars of the Constitution of Bangladesh as much as it is a gift to scholars of constitutions more generally. For scholars like me who research and write in the field of comparative constitutional studies, we are always seeking to expand our field of view beyond the constitutions typically used as comparators....[W]ith the publication of The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary, scholars will have at their disposal an excellent, useful, and reputable point of reference to learn about the fascinating constitutional traditions and experiences in Bangladesh'.
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Language
English
ISBN
9789819925797
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