Fifty Years of Bangladesh Parliament : A Critical Evaluation /
This book critically examines the constitutional position and contribution of the Bangladesh Parliament during the fifty years of its existence. Examining the institution through a "Westminster" lens, the book unearths how and why it behaves in an (un)Westminster, rather say the "East...
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Format: eBook
Language: English
Published:
Leiden ; Boston :
Brill | Nijhoff,
2025.
Series:
Brill's Asian Law Series ;
14.
International Law E-Books Online, Collection 2025.
Subjects:
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Call Number: KNG2183
- Foreword
- Preface
- Abbreviations
- Table of Cases
- 1 The Dilemma of Design
- 1 The "Westminster" Template
- 2 The Dilemma
- 2.1 A Less-than-Ideal Orientation
- 2.2 A Continuing "Hegemon"
- 2.3 "Cross-imperial or Cross-colonial Borrowing"
- 3 Fitting a Misfit
- 4 A Bagful of Problems
- 4.1 Personalisation and Radicalisation of Politics
- 4.2 Military Interventions
- 4.3 Corrupt and Dynastic Political Parties
- 5 A Brief History of Bangladesh Parliaments
- 6 The "Eastminster Deviations"
- 7 Existing Literature and Contribution of this Book
- 8 Structure of the Book
- 2 Organisation, Position and Powers
- 1 Introduction
- 2 Composition of the Parliament
- 2.1 Parliamentary Election Process
- 2.2 The Speaker and Deputy Speaker
- 3 Parliament's Relation with Other State Organs
- 3.1 Parliament and the Government
- 3.2 Parliament and the Judiciary
- 3.3 Parliament and the People
- 4 General Powers and Functions of the Parliament
- 4.1 Law Making and Constitutional Amendment Powers
- 4.2 Financial Powers
- 4.3 Accountability Powers
- 5 Conclusion
- 3 A Subdued Legislature
- 1 Introduction
- 1.1 Questioning and Debating the Government
- 1.2 Parliamentary Questions
- 1.3 Parliamentary Debate
- 2 Legislative Processes as Tools of Accountability
- 2.1 Pre-legislative Stage
- 2.2 Legislative Stage
- 3 Scrutiny by the Parliamentary Committees
- 3.1 Committee Work for Constituency Benefits, Re-election, and Career Prospects
- 3.2 Committees as Suppliers of Information, Expertise and Scrutiny
- 3.3 Coalition Logic for Committee Assertiveness
- 3.4 Partisan Cartelisation of Parliamentary Committees
- 4 Political Parties as the Agents of Accountability
- 4.1 Inter-party Relations within the Parliament
- 4.2 Intra-party Accountability
- 5 Conclusion
- 4 A Defiant Judiciary
- 1 Introduction
- 2 Parliament and the Judiciary's Inter-institutional Comity
- 2.1 Bangladesh Parliament's position on the Sub Judice Rule
- 2.2 Bangladesh Supreme Court's Incoherence over the Exclusionary Rule
- 2.3 Internal Process Doctrine
- 3 The Concept of Judicial Accountability
- 3.1 Judges' Democratic Accountability to the Parliament
- 3.2 Judges' Explanatory Accountability to the Parliamentary Committees
- 4 Judicial Review of the Statute Laws and Constitutional Amendments
- 4.1 "Strong" and "Weak" Forms of Judicial Review
- 4.2 Bangladesh's "Strong Form" Judicial Review
- 5 Importance of "Democratic Dialogue"
- 5.1 Potentials of Dialogic Judicial Review in Bangladesh
- 6 Conclusion
- 5 A Disengaged Electorate
- 1 Introduction
- 2 The Parliament's Electoral Accountability
- 2.1 Nature of the Elections
- 2.2 Fairness of the Electoral Process
- 2.3 Fairness of the Electoral Outcome
- 3 The Parliament's Continuing Accountability
- 3.1 Public Relations of the Parliament
- 3.2 Constituency Works of the mp s
- 4 Parliament's Operational Accountability
- 4.1 Avenues of Public Participation
- 4.2 Petitioning the Parliament
- 5 Conclusion
- 6 The Problems of Reform
- 1 Introduction
- 2 The Failed "Revolutions"
- 2.1 The Military Rulers of 1975-1990
- 2.2 The Military-Backed Government of 2007-2008
- 3 The "Constitutional Bargain"-ers without "Democratic Instrumental Vision"
- 3.1 A Crippled Election Commission
- 3.2 A Stillborn and Failed Caretaker Government
- 3.3 Reluctance in Capacity Building
- 4 Parliamentary Reform: The Role of Time, Attitude and Institutions
- 4.1 Norton's Attitudinal and Formalist Theory
- 4.2 Kelso's Contextual and Institutional Theory
- 4.3 Adoption of the Parliamentary System in 1972
- 4.4 Abolition of the Parliamentary System and Failure of the One-Party System in 1975
- 4.5 Revival of the Parliamentary System in 1991
- 4.6 Abolition of the Caretaker Government in 2011
- 5 Conclusion
- 7 The "Eastminster Deviations" and Ways Ahead
- 1 Introduction
- 2 Three "Eastminster" Deviations
- 3 Parliament's Failure to Hold the Executive Accountable
- 3.1 Ministerial (Non)Responsibility
- 3.2 A Mere Legitimizer
- 3.3 Controlled Deliberation
- 3.4 Cartelized Committees
- 4 Antagonistic Relation with the Judiciary
- 5 Detachment from the People
- 5.1 Crisis of Electoral Legitimacy
- 5.2 The Localised mp s
- 5.3 A Detached Citizenry
- 6 Roadblocks to Parliamentary Reform
- 7 The "Perseverance Despite"
- 8 The Ways Ahead
- 8.1 Incremental and Intermediate Reforms
- 8.2 A Democratic Dialogue between the Parliament and Judiciary
- 8.3 Waiting for a Realignment of the Political Landscape
- 9 Conclusion
- Bibliography
- Index.