States of Emergency and the Law: The Experience of Bangladesh

The declaration of a state of emergency can be a legitimate constitutional method to protect the interests of society in times of national crises provided it is not exercised in a manner that compromises commitment to democratic values, such as maintaining the rule of law and safeguarding the core rights. This book uses the case of Bangladesh, which has undergone five states of emergency, to explore the best means for ensuring the maintenance of these democratic values. To this end, this book draws from: a) the common themes in the experience of emergency powers under the constitutional framework of similarly situated polities, such as India and Pakistan, and b) the safeguards concerning the exercise of emergency powers contained in the constitutions of other developing and developed nations.

The comparative experiences of these jurisdictions provide insight into the mechanisms necessary during a state of emergency for ensuring a delicate balance between the necessity to prevent the state from being perished on the one hand, and to simultaneously uphold the rule of law and the core fundamental rights of individuals on the other. Consequently, the study identifies the flaws, deficiencies and lacunae of the constitutional provisions concerning emergency measures in Bangladesh and recommendations are advanced to rectify the defects.

This book will be a valuable resource for academics, researchers and policy-makers working in the areas of comparative constitutional law, human rights law, and Asian law