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This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.
This volume offers an understanding of institutional reforms, gender-related policy dynamics, the role of different actors in the policy process, and the impact of a particular policy on the state of women’s political participation in Bangladesh. The discussion is set against the background of the Fourth World Conference on Women, 1995, in Beijing, in which a Platform for Action signed by heads of governments expressed their countries’ commitment to achieve ‘gender equality and empowerment of women’ through ensuring integration of the gender perspective at all levels. In Bangladesh, notable among the initiatives undertaken was the enactment of the Local Government (Union Parishads) (Second Amendment) of 1997, through which one-third of seats were reserved for women in the Union Parishad (UP) and the system of direct election was introduced to elect women members in reserved seats. The Act of 1997 is considered to be a milestone, since it has enhanced women’s participation in the local government politics significantly. Against this background, the specific research questions that have been addressed in this volume include: the necessity of reform for enhancing women’s participation in politics; the context against which the Government of Bangladesh enacted the Act and the reasons such an initiative was not taken earlier; the actors behind the reforms and their role in the reform process; and the impact of the reform on the state of women’s participation at the local level in Bangladesh.
In uneasy partnership at the helm of the modern state stand elected party politicians and professional bureaucrats. This book is the first comprehensive comparison of these two powerful elites. In seven countries--the United States, Great Britain, France, Germany, Sweden, Italy, and the Netherlands--researchers questioned 700 bureaucrats and 6OO politicians in an effort to understand how their aims, attitudes, and ambitions differ within cultural settings. One of the authors' most significant findings is that the worlds of these two elites overlap much more in the United States than in Europe. But throughout the West bureaucrats and politicians each wear special blinders and each have special virtues. In a well-ordered polity, the authors conclude, politicians articulate society's dreams and bureaucrats bring them gingerly to earth.
Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
Lifting the quality and strengthening the relevance of election management bodies is a continuing work-in-progress: to learn and apply the lessons from each election and rise to the emergence of new challenges, including evolving information and communication technologies and increasing demands for greater transparency and integrity. Election Management: A Compendium of Commonwealth Good Practice is designed to provide policy makers and staff of election management bodies with a guide to the democratic values, principles and practices of the Commonwealth, which should be reflected in the work they do to consolidate and deepen democracy in their countries. It will also assist governments, political parties and civil society organisations understand better the role, functions and responsibilities of those tasked with delivering credible elections. Includes annexes from 45 Commonwealth election management bodies on their countries’ standards for democratic legitimacy, legal frameworks, funding arrangements and administrative structure.