University of Asia Pacific
Department of Law and Human Rights
Lesson Plan, Fall-2015
Course Code & Title:
Semester:
Teacher:
Office/Room:
Consultation/Contact
Time:
Email:
Mobile:
Course Overview:
Law 115 : Constitutional Laws of Bangladesh
1st Year 2nd Semester
Dr. A N M Atahar Ali
74/B/1 (6th Floor), Green Road, Dhaka-1215.
Please take prior appointment for detailed discussion anytime during the weekdays
Teaching Method:
atahar@uap-bd.edu
I prefer email.
The Course on Constitutional Laws of Bangladesh incorporates, within its sovereign
domain, the fundamental aspects of constitution, constitutionalism as well as the
composition and functioning of various components of Bangladesh as a state.
Constitutional Laws of Bangladesh emphasize on basics of constitutional jurisprudence,
constitution, role and functioning of state machineries of Bangladesh namely Parliament,
Executive & Judiciary.
The course on Constitutional Laws of Bangladesh intends to help the students understand
the premises and periphery of Constitutional Jurisprudence as well as the composition,
functioning of the basic organs of Bangladesh and their role in ensuring the rights of people.
Lectures, assignments, interactive sessions, oral presentation, group work etc.
Prerequisites:
Fulfillment of the criteria determined by the University must be ensured.
Course Outline:
Course objectives:
Course schedule/ Class schedule
Week
1
2
3
4
5
Class will held
As per Routine
Topic
Reading assignment
Constitution, Classification of
Constitutions
Constitutional and constitutional law
Methods of establishing Constitution
Basic features of Bangladesh
Constitution
Making of the Constitution in
Bangladesh
Constitutional supremacy
Is Bangladesh constitution supreme?
State religion and related debate
Preamble
Preamble
Fundamental Principles of State Policy
(FPSP)
FPSP (Contd.)
Conceptualizing Human Rights (HR),
& Fundamental Rights (FR)
Enforcement of FR, FR under the
Constitution of BD
Doctrine of Eclipse & Severability
Equality before Law Protection of Law
Safeguards as to Arrest & Detention
Preventive Detention
1
Work assignment
Basic Tenets of a
Constitution of
Constitution vs.
Constitutional Govt.
Principles of the
Interpretation of
Constitution
Fourth Amendment to
the Constitution of
Bangladesh
Significance of
Preamble
Judicial Enforceability
of FPSP
Enforcement of FR
Doctrine of Eclipse &
the Constitution of BD
Rule of Law
Viability of Laws of
Preventive Detention
in contemporary
Bangladesh
6
7
Preventive Detention (Contd.)
Protection in respect of Trial &
Protection
Freedom of Movement, Assembly,
Association, Freedom of Thought,
Conscience, Speech and the Press
Freedom of Occupation, Religion and
Property, Protection of Home and
Correspondence
Status, Eligibility, Election & Tenure
of the Office of President
Delimiting the scope
of the Freedom of
Press
Secularism Vs.
Freedom of Religion
Position of President
in a Parliamentary
form of Govt.
Dissecting the judicial
powers of President of
BD
Advisers to the Prime
Minister
Role of Prime
Minister in
Parliamentary
Democracy
Powers, Functions, Immunities and
Termination of the Office of President
Promulgation of Ordinance
Declaration of Emergency
Prime Minister & Cabinet
Ministerial Responsibility
Composition, Tenure and Membership
of Parliament
MID TERM EXAM
9
10
11
12
13
Floor Crossing & Law
Making Process in
Parliament
Functions of Parliament,
Parliamentary Privileges,
Termination of Parliament
Judiciary & Independence of
Judiciary
Criteria & Conditions for
Independence of Judiciary
Independence of Higher
Judiciary in BD
Independence of Lower
Judiciary
Ombudsman
Ordinary & Writ
Jurisdiction of High Court
Division
Jurisdiction as to
Superintendent and Control,
Jurisdiction as to Transfer of
Cases
Powers and Functions of the
Appellate Division
Precedent, Contempt of the
Supreme Court (SC), Rule
Making Power of the SC
Public Interest Litigation,
Judicial Activism & Judicial
Restraint
Doctrine of Basic Structure:
Origin, Development,
Problems & Prospects
Doctrine of Basic Structure
and the Eighth Amendment
Judgment
Parliamentary
Privileges
Law Making Process in
Bangladesh
Significance of
Independence of
Judiciary
Separation of Judiciary vs.
Independence of Judiciary
Writ Jurisdiction of
High Court Division
Public Interest Litigation and
Judicial Activism
Appellate Division:
Powers and
Functions
Contempt of Court
Eighth Amendment
Judgment
Critical Analysis of Fifth
Amendment Judgment
2
Doctrine of Basic Structure
and the Thirteenth
Amendment Judgment
14
Thirteenth Amendment
Effectiveness of
Free & Fair Election: Caretaker
Judgment
Election
Government vs. Election
Commission
Commission
Theoretical Framework of
Martial Law & Fifth
Amendment Judgment
Martial Law & Seventh
Amendment Judgment
15
Caretaker Government
Thirteenth
Constitutionalism in Bangladesh:
Amendment
Problems and Prospects
Caretaker Government and
Judgment
Thirteenth Amendment
Judgment
Election Commission,
Services of Bangladesh &
Miscellaneous Issues
Constitutionalism in
Bangladesh
FINAL EXAM
1. Islam, Mahmudul, Constitutional law of Bangladesh Mullick Brothers, Dhaka,
Basic text(s):
3rd Edition, 2012
2. Constitution of the People’s Republic of Bangladesh (Govt. Publication)
1. Wheare, K.C. Modern Constitutions, Oxford University Press, 2nd edition
Reference text(s):
Paperback 1966, 3rd Impression, 1975
2. Huda, A.K.M. Shamsul, The Constitutional of Bangladesh (2 vols.) Published
by Ishtiaq Hasan, Rita Court, Chittagong, 1st edition, 1997
3. Brohi, A.K. Fundamental law of Pakistan, Din Mohammadi Press, Karachi, 1st
edition May, 1955
4. Kamal, Justice Mustafa, Bangladesh Constitution: Trends and Issues, Dhaka
University, Dhaka, 1994
5. Hoque, Justice Kazi Ebadul, Administration of Justice in Bangladesh, Hakkani
Publishers, 3rd edition, March, 2012
6. Halim, Md. Abdul, Constitution, Constitutional Law and Polictis: Bangladesh
Perspective, CCB Foundation, Dhaka, 5th edition December, 2012
7. Halim, Md.Abdul, Making the Constitution of Bangladesh, CCB Foundation,
Dhaka, 1st edition 2010
8. Halim, Md. Abdul, Amendments of the Constitution of Bangladesh, CCB
Foundation, Dhaka, 1st edition September, 2012
9. Halim, Md. Abdul, The 13th Amendment Judgment, CCB Foundation, Dhaka, 1st
edition September, 2012
10. Choudhury, Dilara, Constitutional Developmet in Bangladesh Stresses and
Strains, Oxford University Press, 1994, Bangladesh edition, The University
Press Limited, Dhaka, 1995.
11. Jahan, Rounaq, Bangladesh: Promise and Performance, University Press
Limited, Dhaka, 2002
12. Hoque, Ridwanul, Judicial Activism in Bangladesh: a golden mean approach,
Cambridge Scholars Publication, 1st edition, 2011
13. Ziring, Lawrence, Bangladesh: From Mujib to Ershad, University Press
Limited, Dhaka, 1994
Course Teacher will refer additional reading materials namely case reports, journals,
Additional reading material
books etc. in the class room.
Quiz Test: Description of components of assessment (Class test, class
Assessment / Assignment Methods:
Marks for assessment will be given by the participation, midterm, final exams etc) 100%
course teacher through class tests, quizzes,
assignments,
presentation,
class Assessment Marks 30 includes: Class test/ Assignment 10+
Class
performance, class attendance etc. There attendance 10 + Class performance & Viva voce 10.
should be at least (n+1) where ‘n’ is the
number of class tests for a course. The Total Marks 100 includes : Assessment 30 + Midterm Examination 20+
course teacher must submit a copy of Final Examination 50
marks of Assessment (mentioning the
fractions in class tests, quizzes etc.) of her
course to the Head of the respective
departments.
3
Grading Systems:
Each course has a letter grade equivalent to a certain number of grade points.
Letter grades and their corresponding grade points are as follows:
Numerical Grade
Students’ responsibilities:
Letter
Grade
Grade
Point
80% and above
A+
4.00
75% to less than 80%
A
3.75
70% to less than 75%
A-
3.50
65% to less than 70%
B+
3.25
60% to less than 65%
B
3.00
55% to less than 60%
B-
2.75
50% to less than 55%
C+
2.50
45% to less than 50%
C
2.25
40% to less than 45%
D
2.00
Less than 40%
F
0.00
Exemption
E
--
Incomplete
I
--
Satisfactory
S
--
Students must have to ensure their required percentage of attendance. Apart
from this, effective concentration and participation in the class room as well
as efficient fulfillment of their reading and working assignment is highly
needed.
Dr. A. N. M. Atahar Ali
Head
Department of Law & Human Rights
University of Asia Pacific
4