WELCOME TO THE PRESENTATION ON BOOK REVIEWPresented byMonira Parvin ID No - 16225Roll 0671st Law & Administration Course

BCS Administration AcademyShahbag, Dhaka

Focused TopicsThe book at a glanceAbout the authorContents of the bookIntroductionChapter based discussionCritical evaluation Conclusion

The book at a glance Name of the Book BANGLADESH CONSTITUTION : TRENDS AND ISSUES Author : Justice Mustafa Kamal Publisher : Dhaka University Publication BureauYear of publication : July, 1994 and Reprinted April, 2001 Number of pages : 175.Price : 115 tk.

About the authorFormer Chief Justice of Bangladesh

Judge of the Appellate Division from 1989 to 1999 and Judge of the High Court Division from 1979 to 1989

Attorney General in 1976

A part time lecturer in Department of Law in the University of Dhaka from 1961 to 1969

He did Hons. and Masters in Political Science from University of Dhaka. Another Masters in Economics from London School of Economics and Political Science in 1958.

Contents of the bookChapter -1 : Pre - Constitutional Documents Chapter - 2 : Constitution - Its basic features Chapter - 3 : Constitutional Journey (1972 - 75)Chapter - 4 : The first Martial Law (1975 - 79)Chapter - 5 : The Interlude (1979 - 82) and The Second Martial Law (1982-86)Chapter - 6 : The Constitution Restored (1986) and the Constitution (8th Amendment) CaseChapter - 7 : Parliamentary System Revived Chapter - 8 : Judicial ReviewChapter - 9 : Issues knocking at the door

IntroductionThis book is written on Constitution of Bangladesh in judicial perspective. This book is the articulation of the lecture of eminent Justice Mustafa Kamal. This is an important book regarding the implication of the Constitutional articles in case of Judiciary. The aim of this book is to give an idea of Judicial role in Constitution and its practice during different regime.He highlighted the post 1972 decisions of the Supreme Court on the Constitution.

Chapter -1 : Pre - Constitutional Documents Proclamation of Independence

Laws Continuance Enforcement order, 1971

Provisional Constitution Bangladesh Order, 1972.

Chapter - 2 : Constitution - Its basic featuresUnitary, independent and sovereign republic

Separation of powers

Independency of judiciary

Fundamental rights

Chapter - 3 : Constitutional Journey (1972 - 75)

The period from 1972 to 1975 was the first phase of our Constitutional journey.

A proclamation of Emergency on the 28th December, 1974.

Chapter - 4 : The first Martial Law (1975 - 79)

The first Martial Law in Bangladesh (1975 1979) per force obliged the Supreme Court to steer its course towards Martial law Jurisprudence.

In 1979 the Supreme Court of Bangladesh was denied to enforce fundamental rights.

Chapter - 5 : The Interlude (1979 - 82) and The Second Martial Law (1982-86)The position of Supreme Court takes after an initial stupor.

The Supreme Court relapsed into Martial Law Jurisprudence once again.

The constitution was suspended during that time.

Chapter 6 : The Constitution restored (1986) and the Constitution (8th Amendment) CaseThrough 8th amendment the basic structure of Constitution was changed( Article 100).

Certain provision of the eighth amendment of the Constitution was challenged by the High Court Division of the Supreme Court. Example - Anwar Hossain Vs State case.

Chapter - 7 : Parliamentary System Revived

In 1991 the Parliamentary system was revived and covers the period upto the end of 1993.

Through the twelfth amendment the provision to Article 102(5) and 117(2) attach a finality to the decision of the Tribunal and bar a judicial review.

Article 117(2) enables parliament to provide for appeal against the decision of the Tribunal.

Chapter - 8 : Judicial Review

Judicial Review is the soul of the judiciary in a constitution. High court Division has got its Judicial review power (Article 102).

Some exceptions of judicial review (Article 45).Articles 47(3) and 47A.

Chapter - 9 : Issues knocking at the door

The writer has given his perception of the issues looming large in the Constitution.

- The issue of standing. - The issue of procedure.

Critical evaluationThe book has very simply, briefly and lively presented various Articles of the Constitution that the readers may have a clear conception of it.

The eminent Justice Mustafa Kamal emphasized on Constitution in judicial perspective but the title of his book is BANGLADESH CONSTITUTION: TRENDS AND ISSUES which expresses an ambiguity in presenting the thought in comparison to the title.

He stated the judicial separation of power from the Executive and the legislative during that time but now it has been implemented in our country.

He mentioned one of the component of 8th amendment that is transfer of 6 bench of High Court Division but there are such other important components in this amendment which he ignored.

He only identified the implementation problem of various Articles of Constitution in case of judiciary during various regime but he did not give any suggestion or way out.

Conclusion Above all, the book is a very commendable one and there are very few books which give us an idea about the Constitution and Judiciary.

Readers will get more elaboration about constitution and the book will give the clear picture of Constitution and Judiciary which will enrich their knowledge.

This will serve as a useful source of information on Constitution and Judiciary and it should also be useful for law makers, teachers, students, practitioners as well as activists concerned with these issues.