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.
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).
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.
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.
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
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'],
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
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,
REVIEW OF A CONSTITUTIONAL AMENDMENT
This essay seeks to discuss briefly two fundamental issues concerned with judicial review of constitutional amendment in Bangladesh,
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
Doubtful commitment to human rights
Bangladesh is a party to eight out of nine core human rights treaties. They are the International Covenant on Civil and Political Rights,
Severe punishment, not a panacea for sexual offence
Sohagi Jahan Tonu's alleged rape and murder has unveiled some of the fundamental flaws of our criminal justice system
Why JAMAKON deserves constitutional status?
The term, 'human rights' appears twice in the Constitution of Bangladesh. Although the Preamble and Article 11 of the Constitution
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