Promise and Perils of Basic Structure Doctrine in Bangladesh

Title
Promise and Perils of Basic Structure Doctrine in Bangladesh
Publication Date
2025-08-07
Author(s)
Abu Sayeed, Md
Rahim, Mia
( author )
OrcID: https://orcid.org/0000-0003-0637-8445
Email: mrahim@une.edu.au
UNE Id une-id:mrahim
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Tulane University, School of Law
Place of publication
United States of America
UNE publication id
une:1959.11/71235
Abstract

This article argues that the use of the basic structure doctrine has upset its moral authority in ensuring the meaningful exercise of amending flexibility in Bangladesh. In doing so, it accepts the ‘why’ of the doctrine by finding it clearly compatible with constitutional democracy and goes on to assess its desirability by focusing on ‘how’ the doctrine has been (mis)used and ‘how’ it should be used in future constitutional cases of Bangladesh. Toward this end, it marks the misjudgments that have been woven into the doctrine and calls for redesigning the operational framework for the doctrine from the perspective of inevitability as well as the minimalism of the judicial role.

Link
Citation
Tulane Journal of International and Comparative Law, v.33 (2)
ISSN
2169-4516
1069-4455

Files:

NameSizeformatDescriptionLink