ABSTRACT

The Constitution controls the power of the state. Bangladesh incorporated the theoretical model of separation of powers in 1972 as a control over state powers. However, the constitutional design does not reflect a meaningful separation of powers. The relationship between the executive and the legislature reflects neither the Madisonian tension nor a Westminster model. Moreover, the founding dream of an independent judiciary remains less than realised. Even the plenary powers of the three core branches of government are sometimes breached by one another. It is argued that right from the founding moment through to the political and judicial journey of the Constitution, to the entry of the country into a hybrid regime, Bangladeshi constitutionalism has remained fraught with the post-colonial misconception that a strong executive is required in newly independent states such as Bangladesh. This chapter explores the broad issue of constitutional design for the control of state powers in Bangladesh and analyses the mechanisms of ensuring executive accountability.