Eleanor Finch
The Bangladeshi Constitution has been through a tumultuous journey since its inception, with 16 to 17 amendments made to it since 1972. The country's constitutional history is closely tied to its struggle for independence from Pakistan, which it achieved on 26 March 1971. The Bangladeshi Constitution was adopted on 4 November 1972, and it established Bangladesh as a unitary parliamentary republic with nationalism, socialism, democracy, and secularism as its fundamental principles. The British influence on Bangladesh's constitutional history is evident, with the country's legal system rooted in British colonial laws and the country's first basic law, the Regulating Act of 1773, passed by the UK Parliament. The Bangladeshi Constitution's provisions for fundamental rights, including freedom of speech, religion, and assembly, also bear similarities to those in the British Constitution. However, the Bangladeshi Constitution has been criticised for failing to safeguard human rights and for fostering autocracy.
How is the Bangladeshi Constitution similar to the British Constitution?
| Characteristics | Values |
|---|---|
| Written or Unwritten | The Bangladeshi constitution, like the British constitution, is a written one. It was written and adopted in 1972, and has been amended several times since. The British constitution, on the other hand, is largely unwritten and based on a variety of sources, including statutes, court judgments, and conventions. |
| Parliamentary Democracy | Both countries are parliamentary democracies. The Prime Minister is the head of government and is appointed by the President (in Bangladesh) or the Monarch (in the UK) based on their support in the legislature. |
| Bicameral Legislature | Bangladesh and the UK both have a bicameral legislature, consisting of an upper and lower house. In Bangladesh, it is the Jatiya Sangsad (National Parliament) and in the UK, it is the House of Commons and the House of Lords. |
| Electoral System | They both use a first-past-the-post (FPTP) electoral system, where the candidate with the most votes in a constituency wins. |
| Rule of Law | The concept of the rule of law is fundamental to both constitutions, ensuring that all people, including those in government, are subject to the law. |
| Fundamental Rights | Both documents enshrine fundamental rights for their citizens, including freedom of speech, assembly, and religion, among others. |
| Separation of Powers | While not strictly following the separation of powers doctrine, both constitutions distribute powers across different branches of government, providing a system of checks and balances. |
| Head of State | The head of state in both countries is largely a ceremonial role. In Bangladesh, it is the President, and in the UK, it is the Monarch. |
| Judiciary | An independent judiciary interprets the law and resolves disputes in both legal systems. |
| Common Law | The Bangladeshi legal system, like the British one, is based on common law, where past decisions and precedents guide future judgments. |
| Official Language | Both countries have an official language that is used for government business and is widely spoken across the country - Bengali in Bangladesh and English in the UK. |
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What You'll Learn
Both nations have a written constitution
Both Bangladesh and the United Kingdom have a written constitution. The Constitution of Bangladesh was adopted by the Constituent Assembly on 4 November 1972 and came into force on 16 December of the same year. It has since undergone 16 to 17 amendments. The constitution establishes Bangladesh as a unitary parliamentary republic with nationalism, socialism, democracy, and secularism as its fundamental principles. It also guarantees fundamental human rights, including freedom of speech, religion, movement, assembly, and the right to education and public healthcare.
The UK, on the other hand, has an uncodified constitution, which is largely written and consists of a variety of documents, laws, and conventions that have developed over time. The UK Constitution includes written sources such as statutes, common law principles, and conventions, as well as works like the Magna Carta (1215), the Petition of Right (1628), and the Bill of Rights (1689). These documents, along with other key statutes, form the basis of the UK's constitutional law and outline the rights and freedoms of its citizens.
While the Bangladeshi constitution was established after the country's independence in 1971, the UK's constitution has a much longer history, with some elements dating back to the 13th century. Despite their differences in form and development, both constitutions play a fundamental role in shaping the legal and political landscape of their respective nations, outlining the rights and responsibilities of the state and its citizens.
Both nations' constitutions have evolved over time to reflect changing societal values and needs. The Bangladeshi constitution, for example, has undergone several amendments to address issues such as the form of government and the protection of minority rights. Similarly, the UK's constitution has been adapted and interpreted to address modern challenges and issues, demonstrating the dynamic nature of written constitutions in responding to the evolving needs of their citizens.
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Both have a parliamentary system
Bangladesh is a unitary, independent, sovereign republic with a parliamentary system of governance. The Constitution of Bangladesh, which came into effect on 16 December 1972, establishes a parliamentary republic. The country's first constitution, which was drafted in 1972, provided for a parliamentary form of government. The constitution was amended in 1975 to introduce a presidential form of government, but this was short-lived, and the parliamentary system was reinstated in 1991.
The Bangladeshi parliament is known as the Jatiyo Sangshad, or House of the Nation. It is a unicameral legislature, meaning it consists of one house. The parliament has 350 members, including a speaker and a deputy speaker, who are elected for five-year terms. The parliament has the power to make laws, amend the constitution, and approve the national budget.
Similarly, the United Kingdom is a parliamentary democracy with a multi-party system. The UK parliament is known as the Palace of Westminster, and it is the supreme legislative body of the country. It is a bicameral legislature, consisting of two houses: the House of Commons and the House of Lords. The House of Commons has 650 members, who are elected by the people, while the House of Lords currently has 784 members, who are either appointed or are hereditary peers. The UK parliament has the power to make laws, amend the constitution (which is uncodified), and hold the government to account.
Both Bangladesh and the UK have a prime minister as the head of government, who is responsible for leading the country and overseeing the implementation of policies. The prime minister is typically the leader of the party with the most seats in parliament. In both countries, the prime minister appoints a cabinet of ministers to help govern the country.
The parliamentary systems in both Bangladesh and the UK provide a framework for democratic governance and allow for the representation of the people in the legislative process. The parliaments in both countries play a crucial role in law-making, amending the constitution, and holding the government accountable for its actions.
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Both have a bill of rights
The Bangladeshi Constitution and the British Constitution both have a bill of rights. The Bangladeshi Constitution, established in 1972, declares "equality, human dignity and social justice" as its fundamental principles. It also includes the protection of fundamental human rights, such as freedom of speech, freedom of religion, freedom of movement, freedom of assembly, the right to education, and public healthcare, among others. The constitution has been criticised for failing to safeguard these rights in practice.
The British Constitution includes the Bill of Rights 1689, which sets out basic civil rights and changes the succession to the Crown. The Bill establishes the rights of Parliament, including frequent and free elections, and parliamentary privilege. It also lists individual rights, such as the prohibition of cruel and unusual punishment and the right not to pay taxes levied without parliamentary approval. The Bill of Rights remains in statute and continues to be cited in legal proceedings in the UK and other Commonwealth realms.
Both constitutions, therefore, include a bill of rights that outlines fundamental principles and establishes certain rights and liberties. The Bangladeshi Constitution, like the British Constitution, establishes a parliamentary system with elections and outlines individual rights and freedoms. While the British Constitution's Bill of Rights focuses on the rights of Parliament and its citizens, the Bangladeshi Constitution's bill focuses on human rights and social justice.
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Both have a head of state
Both Bangladesh and the United Kingdom have a head of state. The UK is a constitutional monarchy, with a reigning monarch who acts as the head of state. While the monarch has the power to issue passports, pardon convictions, grant honours, create corporations, make and ratify treaties, declare war, deploy the armed forces, and recognise states, they do not make any open political decisions. All political decisions are taken by the government and Parliament. The Prime Minister of the UK is the leader of His Majesty's Government and is ultimately responsible for the policy and decisions of the government.
Bangladesh, on the other hand, is a unitary parliamentary republic with a president who serves as the head of state and commander-in-chief of the armed forces. The role of the president has changed three times since the country's independence in 1971. While the president once held executive power, the position is now largely ceremonial, with the president being elected by the Parliament. However, the president's powers can be expanded during the tenure of a caretaker government, during which they have control over the Ministry of Defence, the authority to declare a state of emergency, and the power to dismiss the chief adviser and other members of the caretaker government.
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Both have a multi-party system
The United Kingdom and Bangladesh both have a multi-party system. In a multi-party system, many parties compete for power and governments are often formed of coalitions of different parties. This is distinct from a two-party system, where power is shared between only two parties.
The UK's multi-party system is ranked as the 22nd most electorally democratic in the world, according to the V-Dem Democracy Indices 2023. The UK's system of government is known as the Westminster system, which has been adopted by other countries, especially former British colonies. Bangladesh's current parliamentary system was adopted in 1991 and is modelled after the Westminster system.
The UK's supreme legislative body is the Crown in Parliament, which has unlimited powers of legislation. Bills passed by both Houses become law when presented for Royal Assent. The executive (or government) is drawn from and is answerable to Parliament. The Prime Minister is the most senior minister in the Cabinet and is responsible for chairing Cabinet meetings, selecting Cabinet ministers, and formulating government policy.
Bangladesh's politics operate within a framework of a parliamentary representative democratic republic, with a Prime Minister as the head of government. Executive power is exercised by the government, and legislative power is vested in both the government and parliament. Bangladesh's constitution was written in 1972 and has undergone seventeen amendments. The country has experienced periods of military rule and transitions from authoritarianism to democracy.
While the UK has several major parties, Bangladesh has two dominant political parties: the Bangladesh Nationalist Party (BNP) and the Awami League (AL). The BNP and AL have been classified as centrist parties, with the political ideology of the AL being Bengali nationalism and that of the BNP being Bangladeshi nationalism. However, there are other parties in Bangladesh, including the National Citizen Party (NCP), the first student-led political party in the country's history, as well as several leftist political parties and political alliances.
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Frequently asked questions
The Bangladeshi constitution has four fundamental principles: nationalism, socialism, democracy, and secularism.
The UK does not have a single unified document that can be called a constitution. However, the UK constitution is underpinned by principles such as parliamentary sovereignty, the rule of law, democracy, and human rights.
Both constitutions include the principles of democracy and secularism. The Bangladeshi constitution also includes the principle of nationalism, which is similar to the UK's civic nationalism. Additionally, both countries have a parliamentary system of government, and both have undergone amendments over time.
One key difference is that the UK does not have a written constitution, whereas Bangladesh does. Another difference is that while Bangladesh has declared Islam as its state religion, the UK does not have an official state religion, although the King is the 'defender of faith' and the 'Supreme Governor of the Church of England'.
