Through the Westminster Lens: A Critical Reflection on the Legislative Procedure of Bangladesh

Through the Westminster Lens: A Critical Reflection on the Legislative Procedure of Bangladesh

Nirmal Kumar Saha

M Jashim Ali Chowdhury

Published in: Rajshahi University Law Review Vol. XI, Dec. 2020; pp 69-88

Full Text available at: https://www.researchgate.net/publication/355196746_Through_the_Westminster_Lens_A_Critical_Reflection_on_the_Legislative_Procedure_of_Bangladesh_Rajshahi_University_Law_Review_Vol_XI_Dec_2020_pp_69-88 

Abstract

Parliamentary offices, rules and procedures in Bangladesh are broadly designed in Westminsterial norms and processes. With full recognition of the government’s right to govern and legislate, a Westminster styled parliament exists more as an institution of restraint than as one of obstruction. Parliamentary consideration of and deliberation on legislative proposals are meant to legitimize rather than prevent. Of course, the parliamentary opposition and government backbenchers must be given a right of reasonable debate and critique before they are asked to legitimize. The UK House of Commons has adopted several pro-opposition procedural devices to maximize the restraint aspect of lawmaking. The central argument of this paper is that missing those pro-opposition and backbench devices, the legislative procedure of Bangladesh constitutes a mere legitimation tool for the executive branch.