Overview and context

The People’s Republic of Bangladesh is a parliamentary republic. Criminal and civil law in Bangladesh is still based on English Common Law, which was enacted during the colonial period, though a few aspects of family law derive from customary Islamic rules.

The Parliament, known as the “House of the Nation”, is the sovereign law-making body, vested with the legislative power of the Republic. It has 350 members of which 300 are directly elected for five-year terms in single seat constituencies. The remaining 50 seats are reserved for women, and these positions are selected by either the ruling party, or the ruling coalition. All laws are subject to the limits of the constitution and its provisions, such that any law conflicting with the constitution is void. Statutory law is made by Parliament. Laws are proposed, prepared and processed by the executive, which is the Cabinet. The Prime Minister is the head of state, elected by Parliament. The President occupies a ceremonial post with no authority exercised over the running of the state.

The law-making process is as follows: Cabinet recommends a legislative initiative and arranges for a bill to be drafted. Cabinet then approves the bill and it is presented to Parliament. The bill is then subject to debate and amendment. Following this, Parliament votes for the formal adoption (or rejection) of the bill. If it is accepted by Parliament, it will be handed to the President for assent. In addition, the power to make subordinate legislation (such as rules; regulations; by-laws; etc.) can be delegated to a lower authority in order to carry out the aim of any given Act of Parliament.

The Supreme Court is the highest judicial power. Supreme Court Judges are selected by the President. The Judiciary and the Executive were separated in 2007. The most recent general election was held in 2014 with the next scheduled for 2019.