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The Constitution (Fifth Amendment) Act, Act No. 1 of 1979 (Fifth Amendment 6 April 1979).

has been cited by the following article:

• TITLE: A Legal Analysis of the Constitutional Court and Unconstitutional Constitutional Amendments in Bangladesh

  AUTHORS: Mohammad Saiful Islam, Abdul Malek, Anjuman Ara Begum

  KEYWORDS: Constitutional Court, Unconstitutional Amendments, Basic Structure, Constitutional Supremacy, Judicialization of Politics, Military Rule

  JOURNAL NAME: Beijing Law Review, Vol.15 No.4, December 4, 2024

  ABSTRACT: The judiciary has a crucial role in maintaining the rule of law and good governance, eradicating anarchy, and ensuring justice in society. The judiciary in Bangladesh is organized in a hierarchical structure, comprising the Supreme Court and the lower judiciary. The Supreme Court of Bangladesh serves as the highest judicial authority in the country. One of its functions is to act as the Constitutional Court, ensuring the protection of citizens’ constitutional rights and the maintenance of constitutionalism. This study seeks to assess the authority and effectiveness of the Supreme Court in its role as a constitutional court and protector of the constitution. The study catches that the Supreme Court possesses the power to function as a constitutional court, which it has extensively exercised. Additionally, it has proclaimed several constitutional changes as ultra vires. This article aims to present the legal community with a comprehensive knowledge of the Constitutional Court’s role. It will also enable the policymaker to make a conspicuous effort to establish a proficient and successful institution of adjudication.