Kawser Ahmed

The voices of dissent in the Constituent Assembly of Bangladesh: Sengupta, Larma and Chowdhury

Of all the members of the Constituent Assembly of Bangladesh, Suranjit Sengupta, Manabendra Narayan Larma, and Mohammad Abdul Aziz Chowdhury deserve a special mention for their distinguished role in the making of the Constitution.

1y ago

Interpreting Discrimination in the Constitutional context of Bangladesh

In Bangladesh, there is a prevalent common perception that unjust or unequal treatment results in discrimination. For example, the High Court Division in the HRPB v. Jatiyo Sangsad [67 DLR (2015) 191] held that section 32Ka of the Anti-Corruption Commission Act, 2004 was discriminatory because it created unjust classification (Para 26).

3y ago

What is next in The Gambia v Myanmar?

On 23 January 2020, the International Court of Justice (ICJ) in The Gambia v. Myanmar delivered its order upholding The Gambia’s request for provisional measures.

4y ago

Some basic Q & As on The Gambia’s Case against Myanmar

Of late, the social media and news media in Bangladesh have been brimming with questions and concerns about The Gambia’s case against Myanmar at the International Court of Justice (ICJ). This essay will briefly address a few of such questions which are of legal nature.

4y ago

BTRC may face investment arbitration soon

With the serving of show-cause notices on Robi and Grameenphone as to why their licences will not be cancelled for not paying the so-called ‘dues’, the Bangladesh Telecommunication Regulatory Commission (BTRC) has come further closer to facing investment

4y ago

Revisiting the majority opinion in the 16th amendment case

While writing the majority opinion in the Government of Bangladesh and Others v Advocate Asaduzzaman Sidddiqui and Others (2017) CLR (Spl) 1 [hereinafter 'the 16th Amendment Case'],

5y ago

ARTICLE 7B,OR THE DEATH OF THE BASIC FEATURE DOCTRINE?

In 2011, the parliament by the 15th constitutional amendment incorporated Article 7B in the Constitution. Article 7B provides that the

6y ago

What is actually the basic feature doctrine?

Anwar Hossain Chowdhury & Others v Bangladesh (1989) BLD (SPL) 1 (hereinafter '8th Amendment Case') marks the beginning of judicial review of constitutional amendment in Bangladesh. The 8th Amendment Case set forth the famous basic feature doctrine which laid down a test for determining substantive compatibility of any constitutional amendment vis-à-vis the Constitution (see Kawser Ahmed,

6y ago
November 4, 2022
November 4, 2022

The voices of dissent in the Constituent Assembly of Bangladesh: Sengupta, Larma and Chowdhury

Of all the members of the Constituent Assembly of Bangladesh, Suranjit Sengupta, Manabendra Narayan Larma, and Mohammad Abdul Aziz Chowdhury deserve a special mention for their distinguished role in the making of the Constitution.

December 15, 2020
December 15, 2020

Interpreting Discrimination in the Constitutional context of Bangladesh

In Bangladesh, there is a prevalent common perception that unjust or unequal treatment results in discrimination. For example, the High Court Division in the HRPB v. Jatiyo Sangsad [67 DLR (2015) 191] held that section 32Ka of the Anti-Corruption Commission Act, 2004 was discriminatory because it created unjust classification (Para 26).

February 25, 2020
February 25, 2020

What is next in The Gambia v Myanmar?

On 23 January 2020, the International Court of Justice (ICJ) in The Gambia v. Myanmar delivered its order upholding The Gambia’s request for provisional measures.

December 24, 2019
December 24, 2019

Some basic Q & As on The Gambia’s Case against Myanmar

Of late, the social media and news media in Bangladesh have been brimming with questions and concerns about The Gambia’s case against Myanmar at the International Court of Justice (ICJ). This essay will briefly address a few of such questions which are of legal nature.

September 17, 2019
September 17, 2019

BTRC may face investment arbitration soon

With the serving of show-cause notices on Robi and Grameenphone as to why their licences will not be cancelled for not paying the so-called ‘dues’, the Bangladesh Telecommunication Regulatory Commission (BTRC) has come further closer to facing investment

September 25, 2018
September 25, 2018

Revisiting the majority opinion in the 16th amendment case

While writing the majority opinion in the Government of Bangladesh and Others v Advocate Asaduzzaman Sidddiqui and Others (2017) CLR (Spl) 1 [hereinafter 'the 16th Amendment Case'],

June 12, 2018
June 12, 2018

ARTICLE 7B,OR THE DEATH OF THE BASIC FEATURE DOCTRINE?

In 2011, the parliament by the 15th constitutional amendment incorporated Article 7B in the Constitution. Article 7B provides that the

June 5, 2018
June 5, 2018

What is actually the basic feature doctrine?

Anwar Hossain Chowdhury & Others v Bangladesh (1989) BLD (SPL) 1 (hereinafter '8th Amendment Case') marks the beginning of judicial review of constitutional amendment in Bangladesh. The 8th Amendment Case set forth the famous basic feature doctrine which laid down a test for determining substantive compatibility of any constitutional amendment vis-à-vis the Constitution (see Kawser Ahmed,

May 29, 2018
May 29, 2018

REVIEW OF A CONSTITUTIONAL AMENDMENT

This essay seeks to discuss briefly two fundamental issues concerned with judicial review of constitutional amendment in Bangladesh,

August 22, 2017
August 22, 2017

SC's power to review constitutional amendment

The then Chief Justice in the case of Abdul Mannan Khan v Bangladesh [2012] 64 DLR (AD) 169 noted that the 13th

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