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CONSTITUTIONAL LAW OF BANGLADESH Second Edition Mahmudul Islam Senior Advocate Supreme Court of Bangladesh Mullick Brothers 2003 : published b Shahidul Hasan Mullick for Mullick Brothers 42 Bangla Bazar . .. .. .: . .. Dhaka, Bangladesh First published : February, 1995 Second edition : February, 2002 Reprint (with Supplement) : November, 2003 .•,.' .. j Copyright reserved by the author Cover design: Sukhen Das ISBN 984-32-01-0126-4 Price: Tk. 475.00 Processed by Colour Campus (2nd 32 Purana Paltan floor) Dhaka 1000 Printed by Evergreen Printing and Packaging 9/1 Segunbagicha Dhaka 1000 Dedicated to the memory of my father from whom I had my first lessons in jurisprudence PREFACE TO THE SECOND EDITION Since the publication of the first edition of the book, almost six years have elapsed. In the meantime all the copies printed were sold out. I am grateful to the readers in general and to my colleagues in the profession in particular for their warm reception of the book. I felt my labour well spent. In these seven years many developments have taken place. The inertia of the initial stage of interpretation passed away. The Supreme Court seems to have been well on course for a positive approach having regard to the well expressed social goals the framers intended to achieve through the process of law. In Dr. Mohiuddin Farooque v. Bangladesh, (49 DLR (AD) 1), the Appellate Division took note of the special character of the Constitution and of the objectives mentioned in the Constitution to liberalise the standing issue and thereby paving the way for a purposive interpretation of the Constitution. In Secretary, Ministry of Finance v. Masdar Hossain, (2000 BLD (AD) 104), the same trend continued. This decision has gone a long way in affirming the independence of the judiciary as a basic feature of the Constitution and together with Dr. Mohiuddin Farooque will pass on as trend setters j.a.jnstitutiona1 interpretation in Bangladesh. Until recently, there was a reluctance to view the provisions of art.31 and 32 as requiring the law to be reasonable and as importing the concept of due process of the American jurisdiction. Though not explicit, slum clearance case (Ain-O-Shalish Kend.ra v. Bangladesh, 1999 BLD 488) shows that the Supreme Court is ready to apply the due process test to determine the validity of governmental actions and several other cases in this direction followed. While appreciating the change in the attitude of the Supreme Court, it must be remembered that in constitutional interpretation a balance between the existing social conditions and the rights of the individuals should be made, and in deciding the disputes involving fundamental rights the social perspective and the current values cannot be lost sight of. (see Nasreen Fatema v. Bangladesh, 49 DLR 542) In this edition, I have incorporated all the important judicial decisions handed down by the Supreme Court of Bangladesh and viii Preface reported in different law reports to make the book up to date in the matter of precedents. New principles like the doctrines of legitimate expectation, proportionality and public trust are emerging in constitutional and administrative law adjudication in different jurisdictions. I have tried to introduce these principles in discussion and commented on their applicability in Bangladesh. There is . a necessity of evaluating these principles in the context of our social and economic conditions before grafting them in our jurisdiction. In revising the text, I left the arrangement undisturbed so that the readers used, to the arrangement of the first edition may quickly find out the topics they want to read. . In revising' the book, I have taken the help of a number of lawyers. Of them, Ms. Nihad Kabir and Mr. Probir Neogi examined and corrected the manuscript, while Ms. Nahid Mahtab revised the table of cases. Mr. Rafique-ul Huq,• the former Attorney General, helped me with quite a number of recent books and digests. My Assistant, Mr. Joydeb Nandi, spent considerable time in typing and printing the manuscripts : . I am grateful to all of them. I am also 'grateful to the publisher for taking immense care in printing this edition. This edition represents the position of the law as it stood on 31 December 2001. .' 31 January 20.02 ' .. 1 Mahmudul Islam PREFACE TO THE FIRST EDITION A. constitution adopted through democratic process is •expected to reflect the consensus of the people about their political organisation and the democratic values they cherish. Whatever may be written in a constitution, the success of democracy and. realisation of the democratic values depends on a proper environment created by the actors in the political scene who must have faith and conviction in t

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