ABSTRACT
The Constitution confers powers and duties on the three organs of the State. When interpreting the Constitution, the Supreme Court of Bangladesh has, directly or indirectly, adhered to some strategies leading to policy-making. Given that many provisions of the Constitution are indeterminate, the judges are reposed with a duty to read specific meanings into them and determine their scope and extent. Within this context, the Court has leverage to engage in some policy-making. This chapter analyses the policy-making function of the Supreme Court in light of the concept of separation of powers. Based on two decisions of the Court, this chapter argues that policy-making by the Supreme Court has rarely been in line with the principles of constitutionalism. Rather, that trend has often been driven by some judicial, extra-judicial, and political factors such as the lack of judicial independence, judicial bias, and the political or self-interest of the judges.
