History of Constitution Making Process in Bangladesh
History of Constitution Making Process in Bangladesh
Constitutional Law & Constitution Constitutional law actually forms the backbone of public law. It is that branch of public law which determines the nature of the state, nature and structure of the government and its power, function, division of power among different constitutional organs, their relationship to each other and above all the relationship between the state and the individuals.[1] According to Maitland” while constitutional law deals with structure and the broader rules which regulate the function, the details of the functions are left to administrative law”. According to Gettel[2] ”constitutional law locates sovereignty within the state and thus indicates the source of law”. According to C.F Strong[3] ”a constitution may be said to be a collection of principles according to which the power of the government, the right of the governed and the relation between the two are adjusted” Again, some have defined constitution in narrower sense. According to Thomas Paine and De Tocqueville-constitution means the aggregate of only those written principles which regulate the administration of the state. According to them—if the constitution cannot be produced in a visible document, it cannot be said to be a constitution at all. [4]
Classification of Constitutional:
Constitutions are widely classified into two categories such as: 1. Written and unwritten constitution: A written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document been passed by a specific body. So a written constitution can be produced and shown as a single document. The U.S.A. constitution, Indian constitution, Bangladesh constitution provides example of written document. On the other hand, where the constitution has not been passed formally as a specific document by a specific body and the fundamental
Constitutional Law & Constitution Constitutional law actually forms the backbone of public law. It is that branch of public law which determines the nature of the state, nature and structure of the government and its power, function, division of power among different constitutional organs, their relationship to each other and above all the relationship between the state and the individuals.[1] According to Maitland” while constitutional law deals with structure and the broader rules which regulate the function, the details of the functions are left to administrative law”. According to Gettel[2] ”constitutional law locates sovereignty within the state and thus indicates the source of law”. According to C.F Strong[3] ”a constitution may be said to be a collection of principles according to which the power of the government, the right of the governed and the relation between the two are adjusted” Again, some have defined constitution in narrower sense. According to Thomas Paine and De Tocqueville-constitution means the aggregate of only those written principles which regulate the administration of the state. According to them—if the constitution cannot be produced in a visible document, it cannot be said to be a constitution at all. [4]
Classification of Constitutional:
Constitutions are widely classified into two categories such as: 1. Written and unwritten constitution: A written constitution is one in which the fundamental principles concerning state administration are embodied and which has, as a specific document been passed by a specific body. So a written constitution can be produced and shown as a single document. The U.S.A. constitution, Indian constitution, Bangladesh constitution provides example of written document. On the other hand, where the constitution has not been passed formally as a specific document by a specific body and the fundamental
Bibliography: • Ahmed, Abul Munsur, “Amar Dekha Rajnitir Panchash Bachar”, (Fifty Years of Politics as I saw it), (Dhaka: Nowroj Kitabistan, 1975) • Ahmed, Moudud, Bangladesh: The Era of Sheikh Mujibur Rahman, 1984 • Ahmed, Moudud, Bangladesh: Constitutional Quest for Autonomy, 1983 • Ahmed, Moudud, Democracy and the Challenge of Development, 1978 • Constitutional history, Quoted by Takwani,C.K. 2nd edition. 1955 • Gettel,R,G [5] Strong,C.F.Modern political constitution.(London:ELBS,1970)p-140 [6] The Constitution of Bangladesh