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Fifty Years of Bangladesh Parliament: A Critical Evaluation: Brill's Asian Law Series, cartea 14

Autor M. Jashim Ali Chowdhury
en Limba Engleză Hardback – 27 feb 2025
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 "Eastminster”, way. This book is the first of its kind attempting a separation of powers and checks and balances inspired analysis of the Parliament vis-à-vis Bangladesh's government, judiciary, and the people. It explains how its internal democracy deficit arising from the country's undemocratic political partises deny the Bangladesh Parliament, its rightful place within the country's constitutional design.
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Specificații

ISBN-13: 9789004720824
ISBN-10: 9004720820
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Asian Law Series


Notă biografică

M. Jashim Ali Chowdhury Ph.D. (2022), is a Lecturer in the University of Hull Law School. Earlier, he served in Bangladesh as an Associate Professor (University of Chittagong), Assistant Professor and Senior Lecturer (Northern University Bangladesh) and Lecturer in Law (The University of Information Technology and Sciences and Metropolitan University).

Cuprins

Foreword

Preface

Abbreviations

Table of Cases

1The Dilemma of Design
1 The “Westminster” Template

2 The Dilemma
2.1A Less-than-Ideal Orientation

2.2A Continuing “Hegemon”

2.3“Cross-imperial or Cross-colonial Borrowing”


3 Fitting a Misfit

4 A Bagful of Problems
4.1Personalisation and Radicalisation of Politics

4.2Military Interventions

4.3Corrupt 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


2Organisation, Position and Powers
1 Introduction

2 Composition of the Parliament
2.1Parliamentary Election Process

2.2The Speaker and Deputy Speaker


3 Parliament’s Relation with Other State Organs
3.1Parliament and the Government

3.2Parliament and the Judiciary

3.3Parliament and the People


4 General Powers and Functions of the Parliament
4.1Law Making and Constitutional Amendment Powers

4.2Financial Powers

4.3Accountability Powers


5 Conclusion


3A Subdued Legislature
1 Introduction
1.1Questioning and Debating the Government

1.2Parliamentary Questions

1.3Parliamentary Debate


2 Legislative Processes as Tools of Accountability
2.1Pre-legislative Stage

2.2Legislative Stage


3 Scrutiny by the Parliamentary Committees
3.1Committee Work for Constituency Benefits, Re-election, and Career Prospects

3.2Committees as Suppliers of Information, Expertise and Scrutiny

3.3Coalition Logic for Committee Assertiveness

3.4Partisan Cartelisation of Parliamentary Committees


4 Political Parties as the Agents of Accountability
4.1Inter-party Relations within the Parliament

4.2Intra-party Accountability


5 Conclusion


4A Defiant Judiciary
1 Introduction

2 Parliament and the Judiciary’s Inter-institutional Comity
2.1Bangladesh Parliament’s position on the Sub Judice Rule

2.2Bangladesh Supreme Court’s Incoherence over the Exclusionary Rule

2.3Internal Process Doctrine


3 The Concept of Judicial Accountability
3.1Judges’ Democratic Accountability to the Parliament

3.2Judges’ 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

4.2Bangladesh’s “Strong Form” Judicial Review


5 Importance of “Democratic Dialogue”
5.1Potentials of Dialogic Judicial Review in Bangladesh


6 Conclusion


5A Disengaged Electorate
1 Introduction

2 The Parliament’s Electoral Accountability
2.1Nature of the Elections

2.2Fairness of the Electoral Process

2.3Fairness of the Electoral Outcome


3 The Parliament’s Continuing Accountability
3.1Public Relations of the Parliament

3.2Constituency Works of the mp s


4 Parliament’s Operational Accountability
4.1Avenues of Public Participation

4.2Petitioning the Parliament


5 Conclusion


6The Problems of Reform
1 Introduction

2 The Failed “Revolutions”
2.1The Military Rulers of 1975–1990

2.2The Military-Backed Government of 2007–2008


3 The “Constitutional Bargain”-ers without “Democratic Instrumental Vision”
3.1A Crippled Election Commission

3.2A Stillborn and Failed Caretaker Government

3.3Reluctance in Capacity Building


4 Parliamentary Reform: The Role of Time, Attitude and Institutions
4.1Norton’s Attitudinal and Formalist Theory

4.2Kelso’s Contextual and Institutional Theory

4.3Adoption of the Parliamentary System in 1972

4.4Abolition of the Parliamentary System and Failure of the One-Party System in 1975

4.5Revival of the Parliamentary System in 1991

4.6Abolition of the Caretaker Government in 2011


5 Conclusion


7The “Eastminster Deviations” and Ways Ahead
1 Introduction

2 Three “Eastminster” Deviations

3 Parliament’s Failure to Hold the Executive Accountable
3.1Ministerial (Non)Responsibility

3.2A Mere Legitimizer

3.3Controlled Deliberation

3.4Cartelized Committees


4 Antagonistic Relation with the Judiciary

5 Detachment from the People
5.1Crisis of Electoral Legitimacy

5.2The Localised mp s

5.3A Detached Citizenry


6 Roadblocks to Parliamentary Reform

7 The “Perseverance Despite”

8 The Ways Ahead
8.1Incremental and Intermediate Reforms

8.2A Democratic Dialogue between the Parliament and Judiciary

8.3Waiting for a Realignment of the Political Landscape


9 Conclusion


Bibliography

Index