Floor Crossing in the Constitution of the People’s Republic of Bangladesh and other Legal Systems

Document Type : Original Article

Authors

1 Curtin University Malaysia

2 Dept. of Law, American International University- Bangladesh (AIUB)

10.22091/ijicl.2024.10422.1092

Abstract

Since its inception, Article 70 of the Constitution of the People’s Republic of Bangladesh has been the focus of significant legal and political discussion. This paper provides an extensive legal examination of Article 70, which deals with the disqualification of members of parliament based on defection. The analysis entails scrutinizing the content of Article 70, its historical backdrop, judicial interpretations, and its ramifications for the democratic process in Bangladesh. Moreover, this article conducts a comparative analysis of Article 70 alongside analogous provisions found in the constitutions of several nations, with a specific emphasis on parliamentary democracies. Using the doctrinal method, this study aims to gain insights into the distinctiveness of Article 70 within the global constitutional landscape by analyzing the legal frameworks of various nations, encompassing both common law and civil law jurisdictions. Furthermore, the paper assesses the practical consequences of Article 70 on parliamentary democracy, political stability, and adherence to legal principles. This study delves into the difficulties and disputes related to the implementation of Article 70 within the political landscape of the country. It examines how this implementation may affect freedom of speech, political opposition, and the operations of the legislative branch. The study seeks to add to the ongoing debate on constitutional reform and democratic governance in Bangladesh through a comparative analysis. This analysis offers unique perspectives on the merits and drawbacks of Article 70, proposing recommendations for prospective revisions or alternative strategies to rectify its deficiencies while upholding democratic norms and the integrity of the parliament.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 30 April 2024

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