The Constitution declares that the sovereignty lies with the people and the Constitution is the embodiment and solemn expression of the people- Explain and Illustrate

Topic: The Constitution declares that the sovereignty lies with the people and the Constitution is the embodiment and solemn expression of the people-  Explain and Illustrate

Abstract

In this assignment the main intention was to focus on the sovereignty provided by the constitution to the people and to prove that constitution reflects the will of the general people . In order to do so we first have to understand what is constitution and what are the goals of constitution .Then we need to know the power or rights that are provided by the constitution .To make it more specific and easy to understand I have focused on to describe the constitution of Bangladesh and the relevant part of it, that serves to elaborate the topic .  

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TABLE OF CONTENT

Introduction          ………………………………………………………………………………………….. 3

What is Constitution and the Position it holds ……………………………………………………..3

People’s Power According To the Constitution ……………………………………………………4

People’s Power According To the Constitution of Bangladesh……………………………….5

Conclusion……………………………………………………………………………………………………….7

References………………………………………………………………………………………………………..8

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Introduction : Constitution is  the fundamental law for the people of a country or state and for all institution and legal entities under it  . These rules are set keeping the people’s culture, tradition and the countries entity in mind. Almost all countries of the world have few common basic characteristics in their Constitution[1]. These are to ensure that the basic rights of the people are protected. Constitution also sets the rules for the formation of the government, for constructing political party and for the arrangement of election. All political parties, all organization and institution set their internal rules according to the constitution of the country. The core intention of Constitution is to serve the people or any legal entity by providing them with a guide line.

These guidelines may seem like barriers but the ultimate result of maintaining the Constitution works in favor of the people.

What is Constitution and the Position it holds: Constitution works as the ultimate law for a country or state .The position of which is beyond the reach of the government or the people to manipulate. Constitution is not under the government but the government is under the Constitution. Constitution assigns authority and power to institutions or legal entities and also draws the limit to those powers. Constitution also refers to the rights that the institutions or legal entities posses.

According to Scott Gordon, a political organization is constitutional to the extent that it “contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority.”[2] a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an Peoples Power According To the Constitution: The goal of Constitution is to set a law structure for the general people in a way that it should protect the right of the people and also work as a reference point for their duties. Constitution is structured in such a way that it can be considered as a guide line.  It works as a judgment mechanism or as a touch stone, so when ever any action has been performed by the people or an institution it can be judged to see whether it is fair from all perspective and from every one’s point of view. a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an

First of all the base of Constitution includes the country’s and the people’s entity and it is agreed up on by the people. So by nature it reflects the opinion of the people and serves the core benefit of the country.

Considering an incident in which more than one party is involved, and their actions or opinions are contradictory. To judge who is right you need to follow a law which is accepted by the mass or the authority. In this case if one party is an institution and the other is party is the government then the authority is the Constitution, who will judge whose right and whose not .Now considering the same case but with an exception that there is no Constitution, government being the superior party can easily turn the decision their way and on the other party will become  a victim of the situation . Constitution Is the authority that fills this gap because it contains the extreme or the ultimate power and even the government falls under it . So it is easily observable from this incident that Constitution serves the people of a country and protects their sovereignty from being robbed by any one superior. a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a Peoples Power According To The Constitution Of Bangladesh : The constitution of  Bangladesh also emphasizes on the role and rights of the people of Bangladesh .Many of the articles including article7, article27 , article28 , article29 , article31 expresses

the right and equality given to the people of Bangladesh .

And it is obvious from the preamble that this constitution is opting for a democratic government in order  to protect the fundamental human rights and leave in harmony beyond any form of discrimination .

As justice ABM Khairul Haque  asserted “Those representatives (referring to the member of parliament who are selected by the people under the constitutional law ) are the agents of the people. They govern the country for and on behalf of the people at large. But those very ordinary people are the owners of the country and their such superiority is recognized in the Constitution,”[3]

This statement expresses that the core intention of the constitution of Bangladesh  is to provide the  power in the hand of the mass people through a democratic government.

Article 7 of the Constitution stipulates its supremacy and recognizes people’s power as it says: “All powers in the Republic belong to the people, and their exercise on behalf of the people shall be affected only under, and by the authority of, this Constitution.”[4]

This article also refers to the power that the people of Bangladesh posses according to the constitution. An a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an

It also says: “This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and that other law shall, to the extent of the inconsistency, be void.”

The preamble of the Constitution also stipulates its aims and objectives and speaks for its supremacy. “Unlike Preamble of many other countries, the Preamble of our original Constitution has laid down bare in clear terms the aims and objectives of the Constitution and in no uncertain terms it spoke of representative democracy, rule of law, and the supremacy of the Constitution as the embodiment of the will of the people of Bangladesh,” the Appellate Division asserted in the case of the Fifth Amendment[5].

Former Chief Justice Shahabuddin Ahmed in the landmark verdict on the Constitution Eighth Amendment case found that Bangladesh’s Constitution stands on certain fundamental principles, which are its structural pillars and if those pillars are demolished or damaged, the whole constitutional edifice will break down. He listed the following to be the basic structures of the Constitution, namely — sovereignty belongs to the people, supremacy of the Constitution as the solemn expression of the will of the people, democracy, republican government, unitary state, separation of powers, independence of the judiciary and the fundamental rights.[6]

From this statements we see how constitution of Bangladesh  puts emphasis on the sovereignty of the people and also the will of the people .

Conclusion: Constitution works as a power generator for the people .It helps to protect the right of the people living in it .Constitution provides sovereignty to the people and it is a power that can only be provided by Constitution. And as it is constituted in a manner that takes in to account the culture ,tradition and unique entity of the country  and its people ,it is obvious that it is a reflection of the will of the people . An a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an a an   a an a an a an a an a an a an a an a an a an a an a an a an

REFERENCES

Liton, S . (2010, NOV.10). Of Chaos, Confusion and our Constitution . The Daily Star . Retrieved June12, 2011, fromhttp://www.thedailystar.net/forum/2010/November/chaos.htm

BANGLADESH CONSTITUTION .Retrieved June12, 2011,

From Embassay of Bangladesh , Official website , http://www.banglaembassy.com.bh/Constitution.html

Text of Constitution of people’s republic of Bangladesh on article 7, available at

http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf

Text of The constitutional coalition . available at http://www.constitutionalcoalition.org/

Bogdanor, V .  (Oct 1, 1998).Power and the People: Guide to Constitutional Reform . V. Gollancz press .

[1] The constitutional coalition . Retrieved June10, 2011,

From http://www.constitutionalcoalition.org/

[2] Bogdanor, V .  (Oct 1, 1998).Power and the People: Guide to Constitutional Reform . V. Gollancz press .

[3]Liton, S . (2010, NOV.10). Of Chaos, Confusion and our Constitution . The Daily Star . Retrieved June12, 2011, fromhttp://www.thedailystar.net/forum/2010/November/chaos.htm

[4]Text of Constitution of people’s republic of Bangladesh on article 7, available at

http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf

[5] BANGLADESH CONSTITUTION .Retrieved June12, 2011,

From Embassay of Bangladesh , Official website , http://www.banglaembassy.com.bh/Constitution.html

[6]Liton, S . (2010, NOV.10). Of Chaos, Confusion and our Constitution . The Daily Star . Retrieved June12, 2011, fromhttp://www.thedailystar.net/forum/2010/November/chaos.htm

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