"... but the actual exercise of judicial review was thwarted over
and over again by either a Proclamation of Emergency or a Proclamation of
Martial Law".
--- Page 138, Justice Mustafa Kamal, Bangladesh Constitution: Trends and
Issues. University of Dhaka, 1994.
Q: Does judicial review stop with a Proclamation of Emergency? Please
help!
Interestingly, at page 144 of the same book section 3 of the same
Chapter 8, the author describes the "Exceptions to Judicial Review"
where he discusses Articles 45, 47, 47A, 102(5), and 'Interpretive
Limitations'; but surprisingly does not mention Article 141B, 141C
Therefore, one of these statements is an incorrect reflection of the law
that we currently have. Thinking positively, the only thing I can find from the
statement at p 138 is the word 'actual', that although there is no
constitutional bar to the exercise of judicial review even after a Proclamation
of Emergency, it is impossible to exercise that in practice, and that is the
ground reality. But, unfortunately, my thoughts fail to rest there too, as the
author provides no source for the statement; no examples, no explanation, not a
damn clue! Not at p 138 and nothing at section 3 of Ch 8. Its utterly frustrating
to say the least.
So what I take from one of our finest: 'confusion' and lack of certainty?!
But those are the sworn enemies of law itself!
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