Application of Comparative Constitutional Law in the Constitutional Law of Bangladesh: Special Focus on Judicial Transplant

Abstract

Constitutional law discourse is of significant importance in domestic law jurisprudence as well as the international realm. At the same time, comparative constitutional law adds a new dimension to the discourse. In this modern era, isolation from the influence of comparative constitutional law (CCL) is not possible. Bangladesh is gradually evolving amid this wind of change in the comparative constitutional law domain. Constitutional borrowing and constitutional transplant opened a new doorway for Bangladesh to borrow other countries’ concepts of constitutional law, which fit within our cultural relativism. From the beginning of the constitutional journey of Bangladesh, the Constitution of the People’s Republic of Bangladesh was influenced by CCL. The constituent assembly followed the current trend of CCL. Moreover, countries like Ireland, the UK, the USA, India, Pakistan, etc., influenced the shaping of the constitutional jurisprudence of Bangladesh. The evolution of concepts like Locus standi, legitimate expectation, public interest litigation, writ jurisdiction, public trust doctrine, and judicial activism helped Bangladesh establish the rule of law and provide justice to its people. However, there are practical ramifications to the abusive use of comparative constitutional law.