Description

In 1971, the independence of Bangladesh from Pakistan was greeted by a Proclamation of Independence that served as its first interim constitution. Among other things, it declared ‘equality, human dignity and social justice’ as the fundamental principles of the new republic. Its founding fathers were determined to create a deliberative and truly effective democracy based on the higher values of social and political justice, the rule of law, and participatory and responsible governance. Almost 50 years later, that transformative aspiration has remained largely unfulfilled. Indeed, things began to unravel as early as in 1975 when the Constitution was suspended following the assassination of Bangabandhu Sheikh Mujibur Rahman. The auspicious constitutional founding of Bangladesh has hardly influenced its constitutional trajectory. Constitutional and national identities remained fiercely contested while several constitutional breakdowns put the country on a path of ‘continuing democratic transition.’ Of late, constitutional democracy has fallen prey to an alternate vision of ‘development’ which threatens to move it ever further from its founding values, goals and aspirations.

About The Speaker

I studied law at Chittagong, Cambridge, and London Universities. I obtained PhD in public law from SOAS of the University of London, working on judicial activism. Currently, I am a professor of law at the Department of Law, University of Dhaka. I have held visiting positions at Cornell University (Fulbright Scholar), the University of Melbourne (Endeavour Fellow), La Trobe University, and National Law University, Delhi. I have published a book on Judicial activism in Bangladesh: A golden mean approach (Cambridge Scholars Publishing 2011). My major areas of interest are constitutional law and theory, comparative constitutional law, judicial activism, citizenship law, human rights of vulnerable groups, and Islamic family law. Law of compensation is also my favourite subject. I have been widely consulted by government ministries and international organisations on international labour migration, human trafficking, and child rights issues. I have written expert reports for the UK, the USA, and Australian courts on issues involving the Bangladeshi law (citizenship law, torts, statelessness, and so on).