Trias Politica in the Proposed Constitutional Framework: A study of Bangladesh

The paper discusses the constitutional framework proposed for Bangladesh, built around the ideas of separation of powers among the executive, legislative, and judicial branches of government. The proposed revisions aim to address some traditional weaknesses in the relations between the inter-branch areas, particularly with respect to the independence of these organs, so as to enhance accountability and transparency. By applying qualitative methods and documents analysis shows that some legislative reforms are needed to erect such barriers against the executive, to reform the conventional cohesion of these branches and finally divert a reasonable portion of the claimed executive powers to the other branches of government. In addition, it will discuss the other challenges for independence from the courts, leading to some strong mechanisms for the judiciary to uphold the rule of law. Political will and civil society support are essential to reform, even though the reform itself is possible. The paper compares the new constitutional provisions to former ones in order to give a new light on the current struggle for constitutionalism in Bangladesh.