Laws in the Time of 'COVID': Legitimacy Through the Lenses of The Constitution and International Law: Bangladesh Perspective

Abstract

The People's Republic of Bangladesh announced official holidays commencing on 26th March 2020 and implemented a hybrid model, including executive measures such as a lockdown and policy decisions such as social distancing, to combat the COVID-19 pandemic. Though Articles 141A, 141B, and 141C of the Constitution empower the Government to curtail citizens' fundamental rights and to declare a state of emergency in response to extraordinary circumstances, the Government opted for a hybrid model. This paper seeks to evaluate the legitimacy and constitutionality of those policy decisions, with the primary argument that declaring a state of emergency is essential for the government to restrict citizens' constitutionally protected fundamental rights. Firstly, the paper will outline the historical background of emergency provisions within Bangladesh and analyse the constitutional framework governing emergencies. Subsequently, it will examine the measures undertaken by the Government of Bangladesh in response to the pandemic. Thirdly, it will consider Bangladesh's obligations under the ICCPR regarding pandemic management. Finally, the paper will assess the legality of the hybrid approach employed by the Bangladeshi government in confronting the pandemic. The study will conclude with pertinent constitutional recommendations that the Republic could have considered to avoid such constitutional dilemmas.