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All Outputs (11)

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.

Religious Equality in South Asia: Does "Constitutionalized Secularism" Matter? (2023)
Journal Article
Chowdhury, J. A., & Islam, M. J. (2023). 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?.

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?.

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.

Advocate Asaduzzaman Siddqui v. Bangladesh: Bangladesh's Dilemma with Judges' Impeachment (2017)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2017). Advocate Asaduzzaman Siddqui v. Bangladesh: Bangladesh's Dilemma with Judges' Impeachment. Comparative Constitutional Law and Administrative Law Quarterly, 3(3), 7-27

Like the major constitutional systems of the world, Bangladesh had a parliamentary removal process for the judges of the highest court. The system was however changed by the military rulers of late 1970s. Very recently, the parliament of Bangladesh a... Read More about Advocate Asaduzzaman Siddqui v. Bangladesh: Bangladesh's Dilemma with Judges' Impeachment.

Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh (2012)
Journal Article
Chowdhury, M. J. A. (2012). Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh. Indian Journal of Constitutional Law, 5, 184-208

The debate on whether socio-economic rights can or should be adjudicated upon and enforced by courts is ongoing since the 1960s, when the rights in the Universal Declaration of Human Rights (UDHR) were separated into two covenants. Though the Interna... Read More about Claiming a Fundamental Right to Basic Necessities of Life: Problems and Prospects of Adjudication in Bangladesh.