Nilgiri
INT'L MOD
- Aug 4, 2015
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It simply isn't possible to stand against social processes. The Awami League had support, it did not parachute into power. It gave way to two dictatorships, one of which was thinly disguised as a political party in power. That alternative political party also enjoyed the support of people. So both the marquee parties had support.
At the moment, the support for the Awami League is rock-bottom minimum, and there are no signs of recovery. That itself is bad for your constitution-making process, because whether the new constitution that you have proposed is drawn up by a constituent assembly (an elected body), or by the interim government, through consultations, or by a constitutional convention, that I take to mean a gathering of political parties by invitation from the interim government and without election, there will be bias, bias inviting a future autocracy.
Where will any country find a universal formula that defies the ravages of time, the changes in the neighbourhood, the developments in the country's economy and ecology and society?
As a citizen of a neighbouring state, this will be interesting, morbidly interesting, to watch.
You are right that an autocrat/autocracy cannot be deterred per se, you can only hedge the best you can do with what you have regarding the sociopolitical experience of the human species so far and how it legislates, judges and executes authority and fiduciary trust into so few people for the whole.
From my study of it (the social contract to generate optimal public trust and then cohesive sustained social, political and economic development), the answer generally lies in best political/legal theorists of a country to:
1) Have a study of the federalist papers, the checks and balances in the daughter (the constitution of the US), the stress and strain from slavery and related non-citizenship this was put under in grievous unjust adhoc way (and then continued perpetuation at state level after the civil war, regd segregation but whole host of things....again related to social pressure, truth pressure for the longer term into 20th century) and its ability to amend for this to take it on board....what is the core thing of note that forged good metal and have ability to temper well too afterwards.
2) To then (in interest of time to come to some sound conclusions quickly) compare and contrast with why German one (Bismarck's 19th century engineering here, and its relevance on the post WW1 Weimar one) missed some very important checks and balances in contrast and then its grievous lapse from significant pressures post-WW1..... and requirement for total new one post WW2.
There are key ingredients here that are key take aways for everyone in world that realise you need not repeat mistakes.
BD and each country is its own context in the end, but constitutions that have stood test of time for long durations are worth studying as to why....what are the checks and balances of key importance.
I myself have not looked at the BD constitution it must be said.
Here is one calling for completely new constitution:
Why Bangladesh needs a new constitution
The July Uprising has raised calls for constitutional reform in Bangladesh. Without systemic changes, the current political structure may continue to perpetuate power imbalances
www.tbsnews.net
Basically I am ignorant on how far Bangladesh best legal minds have looked into and discussed what I mention in the US vs Germany comparative format.
i.e Is the current constitution good enough to amend?