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From Big ‘C’ to Small ‘c’: How Comparative Constitutional Law Transformed Preventive Detention in Bangladesh
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Istiak Kamal Tonmoy
Junior Associate at Haque and Associates, Bangladesh
Abstract
This article talks about how the preventive detention law in Bangladesh was transformed though the impact of comparative constitutional law by relying on the principle of Small ‘c’ constitution. The unlimited and unfettered power of the Government by virtue or article 33 of the Constitution of Bangladesh and the Special Powers Act, 1974 was limited though the landmark case of Mrs. Aruna Sen vs Government of Bangladesh 27 DLR (HCD) 122. Throughout this article the impact of various judicial decisions of foreign countries which allowed the Court to establish that the authority of the Government to exercise the power of preventive detention must ben reasonable and subject to judicial scrutiny has been highlighted. The impact of such foreign judgement is the said impact of Small ‘c’ constitution which transformed the law of preventive detention in Bangladesh.
Keywords
- Comparative Constitution
- Aruna Sen Case
- Small 'c' Constitution
- Preventive Detention
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1596 - 1600
DOI: https://doij.org/10.10000/IJLMH.1110533Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021