Documente Academic
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Presented by Monira Parvin ID No - 16225 Roll 06 71st Law & Administration Course BCS Administration Academy Shahbag, Dhaka
Focused Topics
The book at a glance
University of Dhaka. Another Masters in Economics from London School of Economics and Political Science in 1958.
Introduction
This book is written on Constitution of Bangladesh in
judicial perspective. This book is the articulation of the lecture of eminent Justice Mustafa Kamal. This is an important book regarding the implication of the Constitutional articles in case of Judiciary. The aim of this book is to give an idea of Judicial role in Constitution and its practice during different regime. He highlighted the post 1972 decisions of the Supreme Court on the Constitution.
December, 1974.
obliged the Supreme Court to steer its course towards Martial law Jurisprudence.
In 1979 the Supreme Court of Bangladesh was denied to
Chapter - 5 : The Interlude (1979 - 82) and The Second Martial Law (1982-86)
The position of Supreme Court takes after an initial
stupor.
The Supreme Court relapsed into Martial Law
Chapter 6 : The Constitution restored (1986) and the Constitution (8th Amendment) Case
Through 8th amendment the basic structure of Constitution
was challenged by the High Court Division of the Supreme Court. Example - Anwar Hossain Vs State case.
Article 102(5) and 117(2) attach a finality to the decision of the Tribunal and bar a judicial review.
Article 117(2) enables parliament to provide for
constitution. High court Division has got its Judicial review power (Article 102).
Some exceptions of judicial review (Article 45). Articles 47(3) and 47A.
Critical evaluation
The book has very simply, briefly and lively presented
various Articles of the Constitution that the readers may have a clear conception of it.
The eminent Justice Mustafa Kamal emphasized on
Constitution in judicial perspective but the title of his book is BANGLADESH CONSTITUTION: TRENDS AND ISSUES which expresses an ambiguity in presenting the thought in comparison to the title.
Executive and the legislative during that time but now it has been implemented in our country.
He mentioned one of the component of 8th
amendment that is transfer of 6 bench of High Court Division but there are such other important components in this amendment which he ignored.
He only identified the implementation problem of
various Articles of Constitution in case of judiciary during various regime but he did not give any suggestion or way out.
Conclusion
Above all, the book is a very commendable one and
there are very few books which give us an idea about the Constitution and Judiciary.
Readers will get more elaboration about constitution
and the book will give the clear picture of Constitution and Judiciary which will enrich their knowledge.
This will serve as a useful source of information on
Constitution and Judiciary and it should also be useful for law makers, teachers, students, practitioners as well as activists concerned with these issues.