The Politics and Law of Democratic Transition: Caretaker Government in Bangladesh

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Sonia Zaman Khan

The Politics and Law of Democratic Transition

Caretaker Government in Bangladesh

Sonia Zaman Khan

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English

Routledge
12 December 2019

Regional studies; Politics & government; Jurisprudence & general issues; International human rights law; Regional geography

Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions.

This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government.

The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure.

The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for

By: Sonia Zaman Khan
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 510g
ISBN: 9780367886486
ISBN 10: 0367886480
Pages: 260
Publication Date: 12 December 2019
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Table of contents Foreword Preface Abbreviations Chapter 1: Introduction Chapter 2: Caretaker Governance - a new dimension to politico-legal philosophy Chapter 3: Journey to democracy – the case of Bangladesh Chapter 4: The Caretaker Governments in Bangladesh Chapter 5: Government transitions in Bangladesh: Critical contextual analysis of the Caretaker Government mechanisms, their performance and their assessment Chapter 6: Caretaker Government as an intermediary strategy of responsible governance in Bangladesh and the uncertain kite journey ahead Bibliography Table of Cases Index

Sonia Zaman Khan, a PhD from the University of London, SOAS, is a Solicitor of the Supreme Court of England and Wales and an Advocate of the Supreme Court of Bangladesh. She has been a legal and social development consultant in London and Dhaka for many years. Her research interest lies particularly in governance.

Reviews for The Politics and Law of Democratic Transition: Caretaker Government in Bangladesh

'The Politics and Law of Democratic Transition: Caretaker Government in Bangladesh offers a theoretically grounded empirically rich incisive discussion about a unique system of government in Bangladesh, and helps us to understand the challenges of governance and electoral system in fragile democracies around the world. A must read for those interested in governance and democratization.' Ali Riaz, Professor, Politics and Government, Illinois State University, USA 'The incisive work lays bare the obstacles to 'substantive' democracy gaining a foothold in Bangladesh. It is an essential read on the pitfalls of endemic friction between political hubris and popular will and opinion. The book's prescription is for complacency to give way to foresight and innovation for a systemic leap forward.' Justice Dr. Syed Refaat Ahmed, High Court Division, Supreme Court of Bangladesh 'Sonia Zaman Khan brings into detailed focus a subject that has been pivotal in Bangladesh's transition to democracy but has not been deliberated on to public satisfaction. This work happily fills that gap, for it explains the rationale behind the caretaker political system as a measure toward ensuring fair and free elections in Bangladesh. It enlightens readers.' Syed Badrul Ahsan, Bangladeshi journalist and author of From Rebel to Founding Father: Sheikh Mujibur Rahman