Constitution & Constitutional Law

Department of Law
Course Title: Constitutional Law of Bangladesh-I
Course code: (Law 241)
Course Teacher: Mahbuba Sultana
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Course Outline for mid term:

• Chapter 1: Basic ideas : constitution (definition; types; modes of

adoption); constitution & constitutional law.
• Chapter 2: Adoption of Bangladesh Constitution (1971-1972); features
of Bangladesh Constitution (both Original& present);
• Chapter 3: The Preamble.
Lecture Outline:
1. Constitution: Definition; Jurists view about Constitution;
2. Types of Constitution;
3. Modes of adoption of Constitution;
Constitution:
Definition: Constitution is a set of basic  laws or principles for a country that
describes the rights and duties of its citizens and the way in which it is governed.
It is the mirror of a State. Constitution reflects the nature of State, forms and powers of
government are reflected.

Jurists view about Constitution:

Aristotle says that constitution is the way of life the State has chosen for itself.

According to K.C.Wheare, Hood Philips and Gilchrist ‘Constitution’ is used to

denote all written and unwritten principles regulating the administration of the State.

C. F. Strong defines constitution as the collection of principles according to which the

powers of the government, rights of the governed and the relation of the two are
adjusted.
Types of Constitution:

• On the basis of nature of contents, Constitution is classified into two classes,

namely
a) Written(Codified) Constitution: A written constitution is one in which
the fundamental principles concerning State administration are embodied and
which has can be presented by a specific body. Example: Bangladesh Constitution;
Indian ,Pakistan, USA Constitution etc.

b) Unwritten Constitution : A constitution which as not been passed formally

as a specific document by a specific body and the fundamental principles
concerning State administration exist in political customs, judicial decisions and in
some scattered documents is called unwritten constitution. Example: Constitution
of UK, New Zeeland, Israel.
 ………..continued

• On the basis of amendment procedure, Constitution is further classified into two

more classes, namely:
a) Rigid Constitution: A constitution which can not be amended(changed)
easily according to the ordinary law making process, it requires more technical
procedure is called rigid constitution. Generally written constitution is rigid.

b) Flexible Constitution: A constitution which can be amended(changed)

easily according to the ordinary law making process, it requires no technical procedure
is called flexible constitution. Generally unwritten constitution is flexible.
Constitution & Constitutional Law:
• Constitutional Law: .Constitutional law is a body of law which defines the role,
powers, and structure of different entities within a state, namely, the executive,
the parliament or legislature, and the judiciary; as well as the basic rights of
citizens.

Constitutional law deals with the fundamental principles by which the government
exercises its authority. In some instances, these principles grant specific powers to the
government, such as the power to impose tax and spend for the welfare of the
population. Other times, constitutional principles imposes limits on what the
government can do, such as prohibiting the arrest of an individual without sufficient
cause.
 …….continued

• Relation between Constitution & Constitutional Law:

According to strict sense constitutional law means and includes those

provisions of constitution which are enforceable by court.

According to wider sense constitutional law includes all the rules, provisions of
constitution as well as other related principles, doctrines which are necessary to
understand and interpret the constitution.

So constitutional law means constitution of the State + all other related principles,
doctrines ( basic ideas of constitution, rule of law, separation of powers, related judicial
decisions).
 Modes of adoption of Constitution:
• 4 modes of adoption of constitution:
1. By Grant: When constitution is adopted by the single will of the ruler.
The constitution of Japan made by Napoléon, proclamations made by martial law
dictators during 1975-1978 & 1982-1986

2. By Deliberate Creation: When constitution is adopted by parliament

after long discussion and debate. The Bangladesh Constitution was adopted in this
process in 1972.
3. By Revolution: This occurs when people becomes dissatisfied with the
existing govt. and overthrow the govt. unconstitutionally and establish a revolutionary
govt. The constitution which is made by this revolutionary govt. is adopted by
revolution. The historical revolution behind the Bangladesh Constitution 1972.

4. By Evolution: A constitution which is established and developed

gradually/slowly with the course of time. Unwritten constitutions are made in this way.
 References
• The Constitution of the People’s Republic of Bangladesh;
• MD. Abdul Halim, Constitution, Constitutional Law and Politics: Bangladesh
Perspective ( chapter I, II)
• M. Jashim Ali Chowdhury, An Introduction to the Constitutional Law of
Bangladesh