University of Dhaka Hosts Public Lecture on Need for a New Constitution

On September 2, 2024, the Department of Law at the University of Dhaka hosted a public lecture titled “Do We Need a New Constitution?” amid ongoing discussions about the necessity of drafting a new constitutional framework. The keynote address was delivered by Professor Dr. Muhammad Ekramul Haque, a distinguished expert in constitutional law with a strong reputation both in Bangladesh and internationally. The event was moderated by Quazi Mahfujul Hoque Supan, Associate Professor in the same department.

Professor Haque began his lecture by honouring the students who sacrificed their lives during past struggles, highlighting the violence and repression of previous regimes. He then presented three perspectives on whether a new Constitution is warranted. The first perspective argues that a new Constitution is necessary due to a successful revolution, which according to Hans Kelsen’s theory, has created a new ‘Grundnorm’ or basic norm. This shift reflects a change in the ‘will of the people’ from both legal and political standpoints.

The second perspective contends that since there has been no fundamental shift in the people’s will, a new Grunnorm has not emerged. Thus rather than drafting a new constitution, the existing one should be amended. Professor Haque criticized Article 7(B) of the current Constitution, which he believes oberly restricts the amendment process. The third perspective suggested making incremental improvements, such as enforcing ECS rights, adopting a bicameral parliament, implementing referendums, and introducing proportional representation. However, Professor Haque noted that some changes require the exercise of constituent power, not just ordinary amendment power, as there are limits to what can be amended through standard procedures.

In conclusion, while all three perspectives advocate for significant constitutional changes, they propose different approaches. Professor Haque expressed his intention to organize further public lectures on related topics, including the process of drafting a new Constitution if deemed necessary.

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