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All Outputs (23)

Backsliding and Endurance of Parliamentary System in Bangladesh (2024)
Book Chapter
Chowdhury, J. (2024). Backsliding and Endurance of Parliamentary System in Bangladesh. In A. J. Chowdhury, M. Khalequzzaman, & Q. Z. Iqbal (Eds.), The Constitution of Bangladesh: Search for a Just Society (91-109). Universal Book House

Bangladesh’s parliamentary system has endured an eventful journey through one-party monopoly, military dictatorship, non-political caretaker governments and an era of competitively authoritarian bipartisanship. The country is now settled in for anoth... Read More about Backsliding and Endurance of Parliamentary System in Bangladesh.

Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters (2024)
Journal Article
Chowdhury, M. J. A., & Ahmed, J. (in press). Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters. The Asian Yearbook of Human Rights and Humanitarian Law, 8, Article 7

The American Debate on originalism and living constitutionalism has travelled worldwide. This paper examines four Western and six South and Southeast Asian jurisdictions and argues that the modalities of the Debate there reflect their party systems,... Read More about Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters.

Amendment Rules, Politics and Debates in Bangladesh (2024)
Book Chapter
Chowdhury, J. Amendment Rules, Politics and Debates in Bangladesh. In N. S. Bui, & M. Malagodi (Eds.), Constitutional Amendments (367-388). Hart Publishing

This chapter considers Bangladesh’s constitutional amendment rules, politics and debates. It evaluates the history, nature and impact of Bangladeshi amendments from a functionalist perspective developed by Ngoc Son Bui – one of the two editors of thi... Read More about Amendment Rules, Politics and Debates in Bangladesh.

Protecting Secularism in Bangladesh: A Critique of the Constitutional Unamendability Approach (2023)
Journal Article
Chowdhury, J., Mamun, M. A. A., & Jahed, M. J. I. (2023). Protecting Secularism in Bangladesh: A Critique of the Constitutional Unamendability Approach. Rajshahi University Law Journal, 11, 108-131

Bangladesh’s struggle with religious fundamentalism is persistent. The liberal political force that spearheaded the country’s liberation war in 1971 tried to adopt a hard secularist policy by banning the religion-based political parties. However, the... Read More about Protecting Secularism in Bangladesh: A Critique of the Constitutional Unamendability Approach.

Parliament of Bangladesh: Constitutional Position and Contributions (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Parliament of Bangladesh: Constitutional Position and Contributions. In R. Hoque, & R. Chowdhury (Eds.), A History of the Constitution of Bangladesh: The Founding, Development, and Way Ahead (145-160). Routledge. https://doi.org/10.4324/9781003276814-12

At the end of British colonial rule in 1947, Bangladesh became a part of Pakistan. It declared independence in March 1971, fought a nine-month-long war, and emerged as an independent state in December 1971. At independence, Bangladesh adopted the Wes... Read More about Parliament of Bangladesh: Constitutional Position and Contributions.

Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design. In M. R. Islam, & M. E. Haque (Eds.), The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary (173-193). Springer (part of Springer Nature). https://doi.org/10.1007/978-981-99-2579-7_10

The orderly transfer of power through regular, participatory, free, fair, and credible election is the most fundamental, though not the only, requirement of democratic constitutionalism. Bangladesh’s 50 years-long electioneering experience represents... Read More about Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design.

Making and Unmaking the Constitution of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Making and Unmaking the Constitution of Bangladesh. In N. Son Bui, & M. Malagodi (Eds.), Asian Comparative Constitutional Law Volume 1 Constitution-Making (363-382). Hart Publishing. https://doi.org/10.5040/9781509949724.ch-017

Bangladesh ’ s Constitution of 1972 was largely modelled on a UK-styled parliamentary system with a ‘ half-hearted ’ combination of a US-styled judiciary. Th e framers choose a Westminster-like arrangement between the executive and legislative branch... Read More about Making and Unmaking the Constitution of Bangladesh.

The Parliament (Jatiya Sangsad) of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). The Parliament (Jatiya Sangsad) of Bangladesh. In P. J. Yap, & R. Abeyratne (Eds.), Routledge Handbook of Asian Parliaments (103-124). Routledge. https://doi.org/10.4324/9781003109402-9

The Parliament of Bangladesh (hereinafter, the Parliament) is officially known as the Jatiya Sangsad (House of the Nation). It is a unicameral legislature established under Article 65 of the Constitution of the People’s Republic of Bangladesh (herein... Read More about The Parliament (Jatiya Sangsad) of Bangladesh.

Comparative Constitutional Law: Issues, Debates and Stories from the UK, US and Indian Jurisdictions (2022)
Book
Chowdhury, M. J. A. (2022). Comparative Constitutional Law: Issues, Debates and Stories from the UK, US and Indian Jurisdictions. Bengal Press

This book is an in-depth analysis and critical examination of facts, histories, case laws, and contemporary issues of the British, American, and Indian constitutional systems. It looks into how the complex structures of the three diverse systems fun... Read More about Comparative Constitutional Law: Issues, Debates and Stories from the UK, US and Indian Jurisdictions.

Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis (2022)
Journal Article
Chowdhury, M. J. A. (2022). Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis. Dhaka University Law Journal, 32(2), 175-198. https://doi.org/10.3329/dulj.v32i2.57964

There are four leading committee theories that explain how the parliamentary committees are organised across the congressional and parliamentary systems, why they behave in particular ways and how the political parties influence their... Read More about Working and Impact of Parliamentary Committees in the UK and Bangladesh: A Theoretical Analysis.

Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh (2021)
Journal Article
Chowdhury, M. J. A., & Shafiq, A. B. (2021). Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh. Jahangirnagar University Journal of Law, 9(1), 51-71

Bangladesh's Family Courts Ordinance (FCO) 1985 was touted as a very significant development in the personal law enforcement regime. It sought to establish a civil court of exclusive jurisdiction to dispose of family suits. The court was supposed no... Read More about Jurisdictional and Procedural Dilemmas of the Family Courts in Bangladesh.

Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches (2021)
Journal Article
Chowdhury, M. J. A. (2021). Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches. Comparative Constitutional Law and Administrative Law Journal, 6(1), 28-57

This article compares the internal proceedings jurisprudence of the highest courts of the United Kingdom (UK), India, and Bangladesh. Though the Supreme Courts of Bangladesh and India have shown general deference to the debates in parliament, they ha... Read More about Judicial Review of “Internal Parliamentary Proceedings”: The Dialogic and Non-dialogic Approaches.

Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh (2021)
Journal Article
Chowdhury, M. J. A., & Sejan, S. S. (2021). Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh. Bangladesh Journal of Law, 19(1), 33-58

Autonomous universities and their academic freedom did not get expression recognition in the Constitution of Bangladesh. While the Constitution broadly recognizes the citizens’ freedom of thought, conscience, and speech and, also that of the Press, o... Read More about Constitutionalizing the Autonomy and Academic Freedom of the Universities in Bangladesh.

Antagonistic Judicial Review of Bangladesh: A good candidate for the Dialogic Model? (2021)
Journal Article
Chowdhury, M. J. A. (2021). Antagonistic Judicial Review of Bangladesh: A good candidate for the Dialogic Model?. Journal of Parliamentary and Political Law, 15(1), 529-554

The Dialogic Model of judicial review famously curved out of the Canadian Charter of Rights and Freedoms, 1982, and later endorsed by the UK Human Rights Act 1998, has inspired many judicial review - strong or weak - systems worldwide. This paper arg... Read More about Antagonistic Judicial Review of Bangladesh: A good candidate for the Dialogic Model?.

Religious Equality and Secularism in India: A Critical Review of the Ayodhya-Babri Mosque Judgment (2020)
Journal Article
Chowdhury, J., Ahmed, J., & Mamun, M. A. A. (2020). Religious Equality and Secularism in India: A Critical Review of the Ayodhya-Babri Mosque Judgment. Chittagong University Journal of Law, 25, 75-96

In the 1950s, India’s founding fathers spent considerable time secularising its national identity. Later in 1976, a constitutional amendment placed ‘Secularism’ in the Preamble of the Indian Constitution. The Indian Supreme Court showed a strong reve... Read More about Religious Equality and Secularism in India: A Critical Review of the Ayodhya-Babri Mosque Judgment.

Religious Equality in South Asia: Does "Constitutionalized Secularism" Matter? (2019)
Journal Article
Chowdhury, J. A., & Islam, M. J. (2019). Religious Equality in South Asia: Does "Constitutionalized Secularism" Matter?. Chittagong University Journal of Law, 24, 41-60

The constitutional principle of Secularism has been famously interpreted as creating a “wall of separation” between the state and the church (religion). Most states in the South Asian region are, however, fraught with histories of political bias towa... Read More about Religious Equality in South Asia: Does "Constitutionalized Secularism" Matter?.

Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum (2019)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2019). Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum. Indian Journal of Constitutional Law, 9, 38-61

The recent constitutional trend in divided societies and relatively
unstable democracies has seen an increased use of perpetuity
clauses as a tool to foster constitutional stability. Propriety and
effectiveness of making certain part or parts of c... Read More about Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum.

Bangladesh’s inconsistency with the doctrine of prospective invalidation (2019)
Book Chapter
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). Routledge. https://doi.org/10.4324/9780429435485

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... Read More about Bangladesh’s inconsistency with the doctrine of prospective invalidation.