Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh
-
Masudul Haque
Abstract
The holding of free, fair, and credible elections in Bangladesh remains a big challenge. In an effort to ensure credible, free and fair elections, the Constitution was amended, known as the Constitution (Thirteenth Amendment) Act 1996. This provided some extraordinary powers to the titular President without mechanisms of proper accountability. This paper critically analyses the provisions of this amendment, particularly the role of the President. We argue that this innovation in holding election is itself unconstitutional. In light of the experiences from the events leading to the declaration of emergency, the role of the President during the caretaker mode needs to be re-examined. It argues that formal provisions of the constitution through important but successful enforcement of constitutional provisions, including holding free and fair elections, largely depends on political culture and the willingness of the political parties, including civil society, to abide by those formal provisions along with their spirit.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System
- The Relationship between Mediation and Judicial Proceedings in China
- Averting Diversity: A Review of Nominations and Appointments to the Philippine Supreme Court (1988-2008)
- The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community
- The Enigma of Enforceability of Investment Treaty Arbitration Awards in India
- A Multilateral Tax Treaty for ASEAN -- Lessons from the Andean, Caribbean, Nordic and South Asian Nations
- Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh
- Reform of Charity Law in Hong Kong and Australia: What Lessons Can Be Learned from the United Kingdom?
- Book Review
- Review of The Handbook of Comparative Criminal Law
- Review of The Constitutional Law of Indonesia: A Comprehensive Overview
- Review of Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations
Articles in the same Issue
- Article
- Reconceptualising the Relationship between the Mainland Chinese Legal System and the Hong Kong Legal System
- The Relationship between Mediation and Judicial Proceedings in China
- Averting Diversity: A Review of Nominations and Appointments to the Philippine Supreme Court (1988-2008)
- The ASEAN Comprehensive Investment Agreement: Realizing a Regional Community
- The Enigma of Enforceability of Investment Treaty Arbitration Awards in India
- A Multilateral Tax Treaty for ASEAN -- Lessons from the Andean, Caribbean, Nordic and South Asian Nations
- Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh
- Reform of Charity Law in Hong Kong and Australia: What Lessons Can Be Learned from the United Kingdom?
- Book Review
- Review of The Handbook of Comparative Criminal Law
- Review of The Constitutional Law of Indonesia: A Comprehensive Overview
- Review of Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations
