i) Introduction: Meaning and Classification of Constitutions, Nature
and Scope of Constitutional Law, Sources of Constitutional Law,
Concept of Constitutionalism in Bangladesh and its implications and
ramifications, Comparative discussion of Constitution, Constitutional
law and Constitutionalism with glaring example.
ii) Making of the Constitution of Bangladesh: Comparative
Discussion on the main Features of Two Interim Constitutional
documents; Constituent Assembly; Making of the Constitution of
Bangladesh.
iii) Preamble to the Constitution: Meaning and Significance of
Preamble; Preamble as an operative part of the Constitution; Recent
views on Preamble; Amendments of Preamble; Reflection of the
philosophy of the Bangladesh Constitution.
iv) Constitutional supremacy and Parliamentary supremacy:
Concept and Characteristics of Constitutional supremacy and
Parliamentary supremacy; Constitutional supremacy under the
Constitution of Bangladesh; Political supremacy of the people;
Doctrine of Judicial Review.
v) Martial Law: Supremacy of guns? The Doctrine of Efficacy; The
Doctrine of Necessity; Our experience with Martial law; Judicial
response to Martial law in Bangladesh, Dilemma for the Judges.
vi) Fundamental Principles of State Policy (FPSP): Conceptualizing
Human Rights; The ‘Rights’ & ‘Principles’ dichotomy; Fundamental
Principles of State Policy in the Constitution of Bangladesh; Legal status of those principles; Justiciability of Non-enforceable Rights;
Meaning and scope of secularism, Dislodging secularism and
rehabilitating secularism; The so called Bangladeshi nationalism,
Rejecting the makeshift nationalism, Nationalism & citizenship
reconciled; Socialism in the original Constitution, Distorted Socialism,
Shunning the distortion by the Judiciary, Implementation of the court
order by 15th Amendment.
vii) Rule of Law: A.V. Diecy’s theory of Rule of Law; Relevancy of
Diecy’s theory in Modern World; A democratic approach to the Rule
of Law; A Socialist approach to the Rule of Law; Rule of Law in a
comprehensive sense; Rule of Law as reflected in the Constitution of
Bangladesh.
viii) Independence of Judiciary: Meaning and Importance of
Independence of Judiciary; Indicators of Independence of Judiciary,
Mode of appointment of Judges in the Higher & Lower Judiciary,
Security of tenure, Adequate remuneration and privileges,
Prohibition of pouring post-retirement benefit.
ix) Fundamental Rights (FR): Fundamental Rights under the
Constitution of Bangladesh; Legal status of Fundamental Rights;
Enforcement of Fundamental Rights; Reasonable Restrictions on
Fundamental Rights; Equality, due process & reasonable
classification; Expanding dimensions of ‘Right to Life’; Protection in
respect of arrest, detention, remand, trial & punishment; Preventive
detention; Preventive detention under the Special Powers Act, 1974,
Judicial review of arrest and detention, Proceeding suomoto in
Preventive detention, Ex post facto law, Double jeopardy.
x) The President of Bangladesh: Personal Qualifications; Tenure of
the office of the President; Powers and functions of the President;
Immunity, Impeachment and Removal of the President; Balancing the
powers of the President and Prime Minister, Strengthening the role of
the President.
xi) Ordinance making power of the President: Ordinance making
power in the Constitution and its Limitation; Questioning the
satisfaction of the President; Procedure for laying an Ordinance on the table, Budget by Ordinance.
xi) Prime Minister and Cabinet: Formation of the Cabinet; Tenure
and Functions of the Cabinet; Pleasure of President vis-à-vis Loss of
majority; Ministerial Responsibility.
xii) The Legislature: Constitution of the Parliament; Tenure of the
Parliament; Qualifications & Disqualifications of MPs; Vacation of
seat in the Parliament; Judicial exploration into Article 70; Methods of
electing The Speaker & Deputy Speaker, Powers & function of the
Speaker; Vacation of office or removal of the Speaker; Parliament’s
power to expel a MP; Legislative procedure of the Parliament;
Privileges & immunities of Member of Parliament.
xiii) Democratic oversight of the Parliament: Committees of the
Parliament, Formation, Powers & Functions of the Committees,
Problems & Way-outs of Committee System.
xiv) The Judiciary of Bangladesh: Evolution of the Judiciary; the
Supreme Court of Bangladesh, Jurisdiction of the Appellate Division,
Jurisdiction of the High Court Division, Binding force of the Court’s
order, the Subordinate Courts; Judicial Review; Writs generally:
Article 102, Judicial Review and political question: Concept of Public
Interest Litigation.
xv) Separation of Power: Origin of the Doctrine of Separation of
Power; Separation of Power in Bangladesh, Checks & Balances: what
we have; Checks & Balances: a misnomer.
xvi) Emergency Provisions: State of Emergency; Emergency
provisions in the Constitution of Bangladesh; Reviewing the
satisfaction of the President; May the Court order withdrawal of
Emergency; Status of Fundamental Rights (FR) during emergency.
xvii) Amendments in the Constitution of Bangladesh: Parliament’s
power of amendment, Positive and negative outputs, Judicial
response to Amendments in the Constitution of Bangladesh;
Parliamentary Amendment and Popular Amendment.
xviii) Doctrine under the constitution: Doctrine of Basic Structure; Doctrine of Eclipse; Doctrine of Severability; Doctrine of Colorable
Legislation; Doctrine of Pleasure and other important constitutional
doctrines