Constitution of Bangladesh

This paper examines article 70 of Bangladesh constitution which prohibits floor crossing in the parliament. The constitution of Bangladesh declares that the Republic shall be a democracy in which fundamental rights and freedoms and respect for human dignity and worth of the human person shall be guaranteed. The constitution was adopted after the independence of Bangladesh in 1972. Bangladesh was a part of erstwhile Pakistan and was deprived of its rights. The government in Pakistan period was not stable. After such a situation, the constitution of Bangladesh incorporated article 70 to ensure stable government. The constitution sets forth that all powers in the Republic belong to the people. Democracy was incorporated as a state principle in the constitution. It has been argued that article 70 is a barrier to democracy. Even it contradicts with the spirit of the constitution. I will look forward, is article 70 of Bangladesh constitution a threat to democracy or not?

Etymologically, The word Writ means a written document by which one is summoned or required to do or refrain from doing something 2. As in Burton's Legal Thesaurus writ stands for bid, bidding, command, commandment, decree, decreetal, dictate, direction, directive, fiat, mandate, order, ordinance, precept, regulation and requirement. 3 A writ is remedial right for the enforcement of substantive law. 4 Historically writ originated and developed in British legal system As defined by Blackstone, 'writ is a mandatory letter from the king-in-parliament, sealed with his great seal, and directed to the Sheriff of the country wherein the injury is committed or supposed so to be requiring him to command the wrongdoer or party caused either to do justice to the complainant, or else to appear in court and answer the accusation against him." 5 In the words of Carter, "It was the King' s order to his liege, written on parchment and sealed with the Royal Seal, and disobedience of the writ was contempt of the Royal Authority and punishable as such." 6 Historically writ originated and developed in British legal system. In England, the writs are issued by the Crown as the head of the judicial system. Where there is no statutory source and the Crown issued it by virtue of prerogative, it was called the prerogative writ e.g. the writ of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. 7 From the above it is evident that a writ in the legal sense must have the following characteristics:

Research on Ministerial Responsibility under Bangladesh Constitution.

Links/URL- https://lawcastlebd.wordpress.com/2012/04/05/research-monograph/amp/

Course Code- Law- 6400
Subject- Research Monograph

Submitted for: Research Advisor or Supervisor-

Mr. Justice Dr. Md. Zakir Hossain (erstwhile Adjunct Faculty, Department of Law, Northern University Bangladesh).

Submitted by:

Shoaibur Rahman Shoaib
LL.M. Programme
ID- LL.M.- 100300616
Department of Law
Northern University Bangladesh

Links/URL- https://lawcastlebd.wordpress.com/2012/04/05/research-monograph/amp/