LIJDLR

Constitutionalism

LEGAL FOUNDATIONS OF REVOLUTIONARY CHANGE: A DOCTRINAL AND POLICY ORIENTED STUDY OF CONSTITUTIONAL AND INSTITUTIONAL TRANSFORMATION IN BANGLADESH

Volume IV Issue I /

LEGAL FOUNDATIONS OF REVOLUTIONARY CHANGE: A DOCTRINAL AND POLICY ORIENTED STUDY OF CONSTITUTIONAL AND INSTITUTIONAL TRANSFORMATION IN BANGLADESH Maksudur Rahman Alif, 4th semester student at Bangladesh Army International University of Science and Technology, Bangladesh Download Manuscript doi.org/10.70183/lijdlr.2026.v04.06 The July Movement of 2024 in Bangladesh is not only an upheaval of the political nature, but also a complete legal break that re-articulated the structure of constitutional power and institutional legitimacy. This article questioned the Movement as a revolutionary process in which legality, legitimacy, and popular sovereignty came to compete with each other in a manner that undermined authoritarian power bases. By contextualizing the uprising in the issues of doctrinal contestations regarding revolutionary legality, the paper will be addressing Kelsen Grundnorm, Schmitt concept of constituent power, Fuller procedural morality, and Rawlsian aspects of public justification. With this prism, this paper examines the possibility of revolutionary legality to maintain long-term legitimacy beyond the short-term horizon of the regime overthrow. The analysis is conducted on two levels which are inter-linked, i.e. the doctrinal one and the policy-oriented one. The doctrinal aspect looks at the intellectual premises of constitutional break and succession, and the policy aspect looks at the institutional reform in the third republic in the judiciary, electoral administration and administrative accountability. Special emphasis is placed on the dangers of authoritarian entrenchment during transitional constitutionalism, frailty enforcement and how civil society, youth’s mobilisation and Diaspora activism change. Analogies with other South Asian and world revolutionary experiences would help in the critical evaluation of the experiences of Bangladesh. The paper posits that the July Movement cannot be successful unless the authoritarian order is toppled and legality established with essential qualities of transparency, participation and accountability in the processes. The article integrates theory and practice and thus makes a contribution to South Asian constitutional theory, and in offering an analytical framework to assess revolutionary constitutionalism in transitions states.

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CONSTITUTIONALISM AND THE PROGRESSION FROM FORMAL TO SUBSTANTIVE EQUALITY IN INDIA

Volume II Issue III /

CONSTITUTIONALISM AND THE PROGRESSION FROM FORMAL TO SUBSTANTIVE EQUALITY IN INDIA Vansh Saha, Chanakya Law College, Kumaon University, Nainital Download Manuscript doi.org/10.70183/lijdlr.2024.v02.26 The evolution of Indian constitutional law has undergone a remarkable transformation, moving from a rigid notion of formal equality, which mandates uniform treatment for all individuals under the law, to a more dynamic and nuanced understanding of substantive equality. Substantive equality recognizes that treating individuals equally does not always yield equitable outcomes, especially for those historically disadvantaged by systemic discrimination, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). This shift is most evident in the judiciary’s approach to affirmative action policies and the constitutional provisions for reservations, aimed at addressing socio-economic inequalities and fostering inclusive growth. This paper delves into the Indian judiciary’s growing commitment to substantive equality, tracing its journey through landmark judgments. Beginning with Indra Sawhney v. Union of India, the paper examines the legal basis for reservations and the recognition of socio-economic backwardness as a criterion for affirmative action. The discussion extends to M. Nagaraj v. Union of India, where the Supreme Court upheld reservations in promotions but emphasized the need for quantifiable data to justify such measures, ensuring that affirmative action remained grounded in demonstrable need. The paper also explores State of Punjab v. Davinder Singh which raised questions about sub-categorization within marginalized communities. These cases highlight the tension between ensuring equitable distribution of benefits within SCs and STs and the risk of fragmenting collective identities. Through these judicial interpretations, the research traces how Indian constitutionalism has increasingly recognized the need for a more substantive approach to equality, one that actively seeks to remedy historical injustices while balancing the need for social cohesion. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 437-455. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE

Volume 1 Issue IV /

CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE Hanifa Tyakagire, PhD in Law Candidate, Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Shamrahayu A. Aziz, Assoc. Professor Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Download Manuscript ABSTRACT This study aims to discuss constitutionalism as a tool for protecting Uganda from ‘illiberal democracy’. The study examines constitutionalism and its principles on the fate of democracy in Uganda. It offers a valuable constitutional perspective on illiberal democracy while giving insightful viewpoints on how constitutionalism can protect and strengthen democratic systems. Through an evaluation of the strengths and weaknesses of Uganda’s constitution, this paper seeks to contribute information regarding whether constitutionalism can be a viable approach to limiting government authority in instances where states engage in illiberal democratic practices. The study employs a qualitative research design to explore constitutionalism in Uganda and especially its prevention of ‘illiberal democracy.’ This approach involves the content analysis of judicial opinions as the legal doctrinal research is combined with the applied law methods. This will give a clear and thorough understanding of primary sources, for example, the 1995 Uganda constitution and secondary sources, including research literature and documentary reviews. The findings reveal that illiberal democracy is not committed to the idea of ‘‘checks and balance’’ and, in particular, it maintains four fundamental principles: 1) the limits of governmental power; 2) adherence to the law; 3) protection of individual rights; and 4) preservation of democratic principles and approaches to interpreting the Constitution and is often a threat to constitutionalism. Consequently, the study recommends that changes should be called for through the way in which the Constitution is restored back to its 1995 status or that of the original version, as that would potentially reduce the presidential powers and strengthen provisions such as those regarding age and term limits. In addition, these reforms are in place to create a system conscious of Enlightenment ideas within society. By creating independent institutions to oversee government actions, constitutionalism can ensure that democratic principles are safeguarded against illiberal democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 467-486. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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