Fifty Years of Bangladesh Parliament

M. Jashim Ali Chowdhury Ph.D. (2022), is a Lecturer in the University of Hull Law School. Earlier, he served in Bangladesh as an Associate Professor (University of Chittagong), Assistant Professor and Senior Lecturer (Northern University Bangladesh) and Lecturer in Law (The University of Information Technology and Sciences and Metropolitan University).

• ForewordPrefaceAbbreviationsTable of Cases1 The Dilemma of Design1 The “Westminster” Template2 The Dilemma2.1 A Less-than-Ideal Orientation2.2 A Continuing “Hegemon”2.3 “Cross-imperial or Cross-colonial Borrowing”3 Fitting a Misfit4 A Bagful of Problems4.1 Personalisation and Radicalisation of Politics4.2 Military Interventions4.3 Corrupt and Dynastic Political Parties5 A Brief History of Bangladesh Parliaments6 The “Eastminster Deviations”7 Existing Literature and Contribution of this Book8 Structure of the Book2 Organisation, Position and Powers1 Introduction2 Composition of the Parliament2.1 Parliamentary Election Process2.2 The Speaker and Deputy Speaker3 Parliament’s Relation with Other State Organs3.1 Parliament and the Government3.2 Parliament and the Judiciary3.3 Parliament and the People4 General Powers and Functions of the Parliament4.1 Law Making and Constitutional Amendment Powers4.2 Financial Powers4.3 Accountability Powers5 Conclusion3 A Subdued Legislature1 Introduction1.1 Questioning and Debating the Government1.2 Parliamentary Questions1.3 Parliamentary Debate2 Legislative Processes as Tools of Accountability2.1 Pre-legislative Stage2.2 Legislative Stage3 Scrutiny by the Parliamentary Committees3.1 Committee Work for Constituency Benefits, Re-election, and Career Prospects3.2 Committees as Suppliers of Information, Expertise and Scrutiny3.3 Coalition Logic for Committee Assertiveness3.4 Partisan Cartelisation of Parliamentary Committees4 Political Parties as the Agents of Accountability4.1 Inter-party Relations within the Parliament4.2 Intra-party Accountability5 Conclusion4 A Defiant Judiciary1 Introduction2 Parliament and the Judiciary’s Inter-institutional Comity2.1 Bangladesh Parliament’s position on the Sub Judice Rule2.2 Bangladesh Supreme Court’s Incoherence over the Exclusionary Rule2.3 Internal Process Doctrine3 The Concept of Judicial Accountability3.1 Judges’ Democratic Accountability to the Parliament3.2 Judges’ Explanatory Accountability to the Parliamentary Committees4 Judicial Review of the Statute Laws and Constitutional Amendments4.1 “Strong” and “Weak” Forms of Judicial Review4.2 Bangladesh’s “Strong Form” Judicial Review5 Importance of “Democratic Dialogue”5.1 Potentials of Dialogic Judicial Review in Bangladesh6 Conclusion5 A Disengaged Electorate1 Introduction2 The Parliament’s Electoral Accountability2.1 Nature of the Elections2.2 Fairness of the Electoral Process2.3 Fairness of the Electoral Outcome3 The Parliament’s Continuing Accountability3.1 Public Relations of the Parliament3.2 Constituency Works of the mp s4 Parliament’s Operational Accountability4.1 Avenues of Public Participation4.2 Petitioning the Parliament5 Conclusion6 The Problems of Reform1 Introduction2 The Failed “Revolutions”2.1 The Military Rulers of 1975–19902.2 The Military-Backed Government of 2007–20083 The “Constitutional Bargain”-ers without “Democratic Instrumental Vision”3.1 A Crippled Election Commission3.2 A Stillborn and Failed Caretaker Government3.3 Reluctance in Capacity Building4 Parliamentary Reform: The Role of Time, Attitude and Institutions4.1 Norton’s Attitudinal and Formalist Theory4.2 Kelso’s Contextual and Institutional Theory4.3 Adoption of the Parliamentary System in 19724.4 Abolition of the Parliamentary System and Failure of the One-Party System in 19754.5 Revival of the Parliamentary System in 19914.6 Abolition of the Caretaker Government in 20115 Conclusion7 The “Eastminster Deviations” and Ways Ahead1 Introduction2 Three “Eastminster” Deviations3 Parliament’s Failure to Hold the Executive Accountable3.1 Ministerial (Non)Responsibility3.2 A Mere Legitimizer3.3 Controlled Deliberation3.4 Cartelized Committees4 Antagonistic Relation with the Judiciary5 Detachment from the People5.1 Crisis of Electoral Legitimacy5.2 The Localised mp s5.3 A Detached Citizenry6 Roadblocks to Parliamentary Reform7 The “Perseverance Despite”8 The Ways Ahead8.1 Incremental and Intermediate Reforms8.2 A Democratic Dialogue between the Parliament and Judiciary8.3 Waiting for a Realignment of the Political Landscape9 ConclusionBibliographyIndex