Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book seeks to contribute from comparative constitutional law and normative perspectives towards the development of an appropriate emergency model for Bangladesh, which will not only empower the executive to effectively deal with a grave emergency but will also ensure the observance of the rule of law, respect for the core fundamental rights and minimum guarantees that mitigate the harshness of the exercise of preventive detention and other measures during emergency situations. The contemporary debate on emergency powers can be conceptualised by reference to three models: the extra-legal measures model, the court-centric model and the democratic formalist or constitutional model. The book focuses on the lack of adequate safeguards contained in the Constitution of Bangladesh for mitigating the harshness of the exercise of the power of preventive detention.