Bangladesh’s inconsistency with the doctrine of prospective invalidation

Chowdhury, M Jashim Ali

Abstract

This chapter argue that the position of the Supreme Court of Bangladesh is hardly based on any principled appreciation of the doctrine. It describes the prospective Invalidation is used in a specific sense to touch upon judicial decisions unsettling the validity, or a prevailing understanding, of statute or statutory laws. Bangladesh, a common law system, has formally endorsed the Prospective Invalidation doctrine in a one-line observation in the Thirteenth Amendment Case. Several decisions of the Supreme Court of Bangladesh indicate that Prospective Invalidation has been implicitly endorsed in the country even before it was formally endorsed. Maulvi Tamizuddin Khan presented a situation quite suitable for the introduction of Prospective Invalidation by the court in cases of necessity. Chief Justice ABM Khairul Hoque had to deal with the question of Prospective Invalidation of the Thirteenth Amendment. The Bangladesh Supreme Court thereby attained a Prospective Invalidation like outcome without expressly endorsing it.

Citation

Chowdhury, M. J. A. (2019). Bangladesh’s inconsistency with the doctrine of prospective invalidation. In P. J. Yap (Ed.), Constitutional Remedies in Asia (33-46). London: Routledge. https://doi.org/10.4324/9780429435485

• Online Publication Date: Mar 7, 2019
• Publication Date: Mar 5, 2019
• Deposit Date: Oct 30, 2022
• Publisher: Routledge
• Pages: 33-46
• Series Title: Routledge Studies in Asian Law
• Book Title: Constitutional Remedies in Asia
• Chapter Number: 3
• ISBN: 9781138351127; 9780367660697
• DOI: https://doi.org/10.4324/9780429435485
• Public URL: https://hull-repository.worktribe.com/output/4109766
• Publisher URL: https://www.taylorfrancis.com/books/edit/10.4324/9780429435485/constitutional-remedies-asia-po-jen-yap?refId=fdf85c21-8fe3-484d-a828-b758b4a21bd9&context=ubx