Constitutional Law In Bangladesh
Introduction
The Parliament of Bangladesh, known as the Jatiya Sangsad unanimously passed "The Constitution (Sixteenth Amendment) Bill, 2014", empowering itself with authority to remove and investigate Supreme Court judges on the grounds of their incapability and misconduct, making the higher judiciary accountable to the legislature. As a result, the Parliament will be able to remove judges if allegations of incapability or misconduct against them are proved, a provision that lawmakers had enjoyed only for four years after independence. Hence, through this latest amendment, the Parliament’s authority to remove judges has returned after 40 years.
A new law to guide the investigation and gathering of evidence over the allegations against a judge
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Barnett explains that constitutional law governs the role and powers of the institutions within the state and with the relationship between the citizen and the state. At any point in time, the constitution manifests the moral and political values of the people it governs. It deals with the rights and privileges of the individuals and the state. Around the world, two dominant types of constitutional law are found, where the determining factor is whether constitution is written or unwritten. Classical constitutional legal theory suggests that the power of a parliament is omnipotent or sovereign when there is no written constitution, which is important to understand legislative …show more content…
The laws that the people establish in their constitutions are intended to protect everyone according to rule of law: the rich, the poor, the majority, the minority, the powerful, and the powerless. In other words, judges should be independent enough to uphold the rule of law, even when the law is unpopular. If the constitution is flawed, the solution is for the people to amend it. The solution is not to intimidate a judge into declaring that the law says something it does not because that will serve only to undermine the rule of law.
The rule of law: In a democratically sound society, the judiciary will be independent of government due to presence of rule of law. The rule of law demonstrates one of the most challenging concepts of the constitution. The rule of law is a doctrine which is capable of various interpretations by different individuals.
According to Campbell, the rule of law will function if the judicial decisions be made by a court should be free of any influence or pressure by the executive and legislative branches of
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