Judicial Review of Original Provisions of a Constitution: Attempting the Impossible?

11 Pages Posted: 20 Mar 2018

See all articles by Ridwanul Hoque

Ridwanul Hoque

University of Dhaka - Faculty of Law; Northern Institute, Charles Darwin University

Date Written: July 20, 2016

Abstract

The court cannot invalidate an original provision of a constitution even if that be “unsuitable" or "outdated". The job of changing an outdated constitutional system belongs to “the people” on whose behalf parliament can amend the constitution, to hold the needs of the modern time. By examining a decision of the Bangladeshi Supreme Court (High Court Division), this work-in-progress argues that theories of constitutional supremacy and popular sovereignty require the judges to apply the doctrine of ‘unconstitutional constitutional amendment’ extremely cautiously and rarely, and only for the cause of preserving constitutional identity and not for invalidating any original clause/system.

Keywords: Judicial Review, Original Provisions, Constitution

Suggested Citation

Hoque, Ridwanul, Judicial Review of Original Provisions of a Constitution: Attempting the Impossible? (July 20, 2016). Available at SSRN: https://ssrn.com/abstract=3144185 or http://dx.doi.org/10.2139/ssrn.3144185

Ridwanul Hoque (Contact Author)

University of Dhaka - Faculty of Law ( email )

Bangladesh

Northern Institute, Charles Darwin University ( email )

Darwin, Australia
Darwin, 0810
Australia

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