Understanding the Constitution

A short guide to the Constitution of Bangladesh and why it matters.

What the Constitution is

The Constitution is the supreme law of Bangladesh. Any other law that conflicts with it can be struck down by the courts. It sets out the structure of the state, the branches of government, and the fundamental rights of citizens.

The basic structure of the state it sets out

• The Executive: the President and the Prime Minister-led Cabinet, who run the government day to day.
• The Legislature: the Jatiya Sangsad (parliament), which makes law.
• The Judiciary: the courts, which interpret the law and the Constitution, and can rule on whether government action is lawful.

Fundamental rights

The Constitution guarantees a set of fundamental rights to citizens, including equality before the law, freedom of speech and expression, freedom of assembly, and protection from arbitrary arrest and detention, among others. These rights can, in most legal systems including this one, be subject to "reasonable restrictions" defined by law, which is why the exact scope of a right often becomes a matter for the courts to decide. [TO VERIFY: the specific articles and their current wording before publishing, and consider legal review of this page.]

How it connects to our work

Many of the rights we monitor in Rights, such as freedom of expression and freedom from arbitrary detention, are also constitutional rights. When we describe something as a rights violation, we are often describing a gap between what the Constitution guarantees and what happens in practice.

Where to look further

Rights · Understanding Your Rights

This page is a general introduction and is not legal advice. For advice on a specific situation, consult a qualified lawyer.