ABSTRACT

This conclusion presents some closing thoughts on the concepts discussed in the preceding chapters of this book. The book focuses on the weaknesses of the provisions governing the proclamation, administration and termination of a state of emergency and the exercise of the power of preventive detention in Bangladesh. It argues in line with the reasoning of democratic formalists, such as Bruce Ackerman and William Scheuerman, that a constitutionally entrenched emergency framework providing for detailed norms concerning the proclamation, administration and termination of an emergency offers the most viable solution to the problem of ensuring the observance of the rule of law and safeguarding the enjoyment of the core rights of individuals during emergencies. The book stresses that a standard constitutional model of emergency powers should contain provisions concerning: the safeguards for obviating the possibility of abuse of the powers concerning preventive detention and also ensuring the humane treatment of those kept in preventive custody.