| Description |
1 online resource : text file, PDF |
| Contents |
Cover -- Half Title -- Endoresment -- Title Page -- Copyright Page -- Dedication Page -- Table of Contents -- Foreword -- Preface -- Abbreviations -- Chapter 1 Introduction -- The focus -- The context -- Chapter 2 Caretaker Governance: A new dimension to politico-legal philosophy -- Political science lens -- Trust as a political element -- Elections -- The cultural lens -- Hindu law -- Muslim law -- Socio-legal and legal lenses -- Living law and Ehrlich -- The tripartite model of law and Chiba |
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Bangladeshâ#x80;#x99;s iccher ghuri and Menskiâ#x80;#x99;s global pluralismThe need for plurality-conscious management of law -- Positivism and its difficulty -- The problem with legal transplants -- Chapter 3 Journey to Democracy â#x80;#x93; the case of Bangladesh -- The colonial era and its impact on democracy -- Emergence of Islam in Bengal -- Post-partition: Pakistan and its aftermath 1947â#x80;#x93;1971 -- The birth of a nation: Bangladesh -- Post-independence: The Bangladesh era 1971â#x80;#x93;1990 -- The impact of the military in the politics of Bangladesh |
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Chapter 4 The caretaker governments (CTG) in BangladeshThe First Caretaker Government: 1990 -- Origin of the caretaker government movement -- Institutionalising the caretaker government system -- The second caretaker government: 1996 -- The third caretaker government: 2001 -- The October 2006 crisis and analysis -- The caretaker government: 2007â#x80;#x93;2008 -- Chapter 5 Government transitions in Bangladesh: Critical contextual analysis of the CTG mechanisms, their performance and their assessment -- The element of â#x80;#x98;necessityâ#x80;#x99; and the â#x80;#x98;basic structure doctrineâ#x80;#x99 |
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CTG system: Progression and metamorphosisThe first group -- The second group -- The ordinancesâ#x80;#x99; dubious role in democratisation -- The role of the High Court -- Reviving the institutions -- Separation of judiciary from the executive -- Electoral laws reloaded and limits of the law -- The unconventional CTG -- The demise of the CTG mechanism -- Supreme Court order on the CTG -- Constitution Fifteenth Amendment Act, 2011 -- Post CTG abolition -- January 2014 election and its aftermath |
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Chapter 6 The CTG as an intermediary strategy of responsible governance in Bangladesh and the uncertain kite journey aheadBangladeshâ#x80;#x99;s iccher ghuri and the CTG -- Petulant preservation of privileges of power -- Bibliography -- Table of Cases |
| Summary |
"Peaceful legal and political 'changing of the guards' is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral 'caretaker covernment' (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments' wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality - perhaps akin to the CTG ethos - to oversee electoral governance, which will have to be renegotiated by the polity based on the people's will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law."--Provided by publisher |
| Subject |
Cabinet system -- Bangladesh
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Interim governments -- Bangladesh
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Cabinet system
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Interim governments
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Politics and government
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| SUBJECT |
Bangladesh -- Politics and government -- 1971- http://id.loc.gov/authorities/subjects/sh85011528
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| Subject |
Bangladesh
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| Form |
Electronic book
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| ISBN |
9781315229836 |
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1315229838 |
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