ABSTRACT

Bangladesh’s move towards self-determination is a unique story that reached its climax in 1971 through the war of independence. Through the 1971 revolution and events that led to the country’s independence, the Bangladeshi legal system superseded the existing legal system and formed an autochthonous constitutional system. This chapter discusses the existing legal theories that may provide a plausible account of the emergence of a new legal-constitutional system via extra-legal factors such as a revolution. The chapter claims that the emergence of Bangladesh’s legal system can be understood better through Hart’s rule of recognition (i.e., the replacement of the existing rule of recognition with a new rule of recognition).