Establishing a Provisional Constitutional Framework: A Path to Revolutionary Reform in Bangladesh

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58 ViewsAfter a nearly month-long mass revolution triggered by 16 years of oppression, the Awami League regime in Bangladesh came to an end. On 8 August 2024, an interim government was formed after the parliament was dissolved. The current constitution of Bangladesh needs to account for such extraordinary circumstances, indicating that the establishment of this […]

Cyber Security Regimes in Bangladesh: Impeding or Protecting Freedom of Expression?

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72 ViewsRecently, the interim government of Bangladesh has convened a roundtable to discuss the future steps regarding controversial the Cyber Security Act (CSA), 2023. There are divergent views, some calling for amendments while others demanding repealing the law entirely. The principal issue is that the Act stifles the constitutional right to freedom of expression. Although […]

Common Trends of the Court in Condoning Government Delays under the Limitation Act, 1908

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53 ViewsThe Limitation Act, 1908 does not give a right where none exists but specifies a period of enforceability of an existing right. Enacting periods of limitation is necessary to ensure that actions are commenced within a designated time frame, firstly, to give effect to the principle that law does not assist a person who […]

Traversing the Legality of the Interim Government with Constitutionality, Democracy, and Practicality at Crossroads

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61 ViewsWhen a country stays afloat in a political vacuum with lawlessness raging like a wildfire in every corner, it seeks its redemption through the doctrine of necessity. The doctrine, in turn, makes the formation of an interim government lawful despite having no bona fide constitutional validity. Such was seen in the case of Bangladesh […]

Decoding the Legitimacy of Military Magistracy in Bangladesh

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55 ViewsA recent notification has conferred the status of ‘Special Executive Magistrate’ upon the Commissioned Army Officers (CAOs) under Section 12(1) and Section 17(1) of the Code of Criminal Procedure, 1898 (CrPC 1898). Section 12(1) of CrPC 1898 naturally grants this authority to the government to confer executive magistracy, wholly or in part, to any […]

The Special Marriage Act, 1872: A Review of its Role in Inter-religious Marriage in Bangladesh

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69 ViewsIn Bangladesh, inter-religious marriage, that is, a marriage performed between two persons, each of whom professes a different religion, is governed by the Special Marriage Act, 1872. While the Act has served a valuable role for over a century, some of its provisions appear to be incongruent with the realities of modern society. A […]

The Whistleblower Protection Laws in Bangladesh: Examining The Gaps and Loopholes

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70 ViewsA whistleblower serves as a foundational element of transparency and integrity within an organization. In the domain of law, a whistleblower is authorized to expose illegal activities, corruption, violation of organizational regulations and so forth. In the context of Bangladesh, where corruption has been a wide-spread problem for decades, facilitating the actions of whistleblowers […]

From Longevity to Legitimacy: Prime Ministerial Term Limits as the Key to a Fairer Bangladesh

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76 ViewsAccording to Article 8 of the Bangladesh Constitution, the principles of nationalism, socialism, democracy, and secularism constitute the fundamental principles of state policy. Among these four principles, democracy is one of the basic elements, especially for all the democratic countries throughout the world. In the words of US President Abraham Linkon, “Democracy is a […]