Misplaced Pages

#789210

128-416: Some oaths of office are statements of allegiance and loyalty to a constitution or other legal text or to a person or office-holder (e.g., an oath to support the constitution of the state, or of loyalty to the king or queen) (see Oath of allegiance ). Under the laws of a state, it may be considered treason or a high crime to betray a sworn oath of office. The word "oath" and the phrase "I swear" refer to

256-581: A Chittagong Hill Tracts Development Commission in 1976, but resisted holding a political dialogue with the representatives of the hill tribes on the issue of autonomy and cultural self-preservation. On 2 July 1977 Ziaur Rahman organised a tribal convention to promote a dialogue between the government and tribal groups. However, most cultural and political issues would remain unresolved and intermittent incidents of inter-community violence and militancy occurred throughout Zia's rule. Reforms and international relations Notable mentions of Ziaur Rahman's tenure as

384-717: A Liberal Nationalism that emphasised on the liberation of Bengalis from Pakistan's autocratic regime. Zia emphasised the national role of Islam (as practised by the majority of Bangladeshis). Claiming to promote an inclusive national identity, Zia reached out to non-Bengali minorities such as the Santals , Garos , Manipuris and Chakmas , as well as the Urdu -speaking peoples of Bihari origin. However, many of these groups were predominantly Hindu and Buddhist and were alienated by Zia's promotion of political Islam. In an effort to promote cultural assimilation and economic development, Zia appointed

512-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have

640-529: A pardon to anybody, overriding any court verdict in Bangladesh. By Article 80, the president can refuse to assent to any bill passed by the parliament, sending it back for review. A bill is enacted only after the president assents to it. But when the bill is passed again by the parliament, if the president further fails or refuse to assent a bill, after a certain period of days, the bill will be automatically transformed into law and will be considered as assented by

768-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in

896-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution

1024-466: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set

1152-495: A five-year term on Monday, 24 April 2023. Currently, although the position of president holds de jure importance, its de facto powers are largely ceremonial. The Constitution allows the president to act only upon the advice of the prime minister and his/her Cabinet . The president can appoint the following to office: The president has the prerogative of mercy by Article 49 of the Constitution, which allows him to grant

1280-648: A new national emergency and called for elections within 6 months. Sattar was elected president and won. Sattar was ineffective, however, and Army Chief of Staff, Lt. Gen. H.M. Ershad assumed power in a bloodless coup in March 1982. Hussain Muhammad Ershad (Jatiya Party) Like his predecessors, Ershad dissolved parliament, declared martial law, assumed the position of CMLA, suspended the constitution, and banned political activity. Ershad reaffirmed Bangladesh's moderate, non-aligned foreign policy. In December 1983, he assumed

1408-544: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of

SECTION 10

#1732844706790

1536-584: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing

1664-512: A president have been radical reforms both in country's infrastructure and diplomacy. President Zia successfully pointed out the grounds those could be effectively and exclusively decisive for development of Bangladesh and his reforms covered the political, economical, agricultural and military infrastructure of Bangladesh. Reorganisation of Bangladesh's international relations are especially mentionable because it had active influence over both economy and politics. He successfully bailed Bangladesh out of

1792-553: A presidential speech addressed to the nation but indefinitely postponed it in November 1976. Mostaq Ahmad was sentenced for five years for corruption and abuse of power. Ziaur Rahman (Bangladesh Nationalist Party) Major General Ziaur Rahman , a renowned war hero who was put under house arrest on alleged charges of participation in the Mujib assassination plot (probably due to being among Mostaq's promoted armed forces chiefs), emerged into

1920-826: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see

2048-524: A single comprehensive document, it is said to embody a codified constitution . The Constitution of the United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization

2176-521: A solemn vow. For those who choose not to, the alternative terms "solemn promise" or "solemnly affirm" and "I promise" or "I affirm" are sometimes used. The Governor-General of Antigua and Barbuda , before entering into his duties, must make an oath of allegiance and oath of office in the form specified in the Constitution of Antigua and Barbuda; the same is required of the Prime Minister , other Ministers and Parliamentary Secretaries , but they also take

2304-451: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon

2432-529: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,

2560-577: A unitary parliamentary republic based on the British Westminster System and transferring all executive powers to the prime minister. Later, after the general election in 1973 where Mujib's party the Awami League achieved an expected landslide victory overkilling the opposition (not only because of intimidation of candidates and ballot stuffing by the ruling party leaders), in January 1974,

2688-476: A vice-president Zia assumed acting presidency. The presidency was legitimized 40 days later through a national confidence referendum . Finally in the presidential election the following year , Zia became the first directly elected president. His government removed the remaining restrictions on political parties and encouraged all opposition parties to participate in the pending general election while putting military generals into politics. More than 30 parties vied in

SECTION 20

#1732844706790

2816-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance

2944-454: Is a parliamentary system , it does not have a vice-president. However, during the presidential system of governance, Bangladesh had a vice-president who would assume the president's role in his absence; the post was abolished by the twelfth amendment to the Constitution in 1991. A president can resign from office by writing a letter by hand to the Speaker. The president can also be impeached by

3072-510: Is also its constitution, in that it would define how that organization is constituted. Within states , a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India

3200-484: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c.  2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it

3328-633: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of

3456-649: Is granted immunity for all his actions by Article 51 of the Constitution and is not answerable to anybody for his actions, and no criminal charges can be brought to the Court against him. The only exception to this immunity is if the Parliament seeks to impeach the President . Article 54 of the Constitution of Bangladesh provides for the succession of the president. It states that in case of absence due to illness or other reasons,

3584-402: Is his office and residence. The president is elected by the 350 parliamentarians in an open ballot , and thus generally represents the majority party of the legislature. He continues to hold office after his five-year term expires until a successor is elected to the presidency. Mohammed Shahabuddin is the current president; he was elected unopposed on 13 February 2023. He took office for

3712-453: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,

3840-929: Is located in Dhaka . There is also a Presidential Palace at Uttara Ganabhaban in Natore District . At the beginning of the Bangladesh war of independence in April 1971, the Bangladesh Forces , better known as the Mukti Bahini , and the Provisional Government of Bangladesh , popularly called the Mujibnagar Government , were both established. After the oath ceremony held at Meherpur , Kushtia following Yahya Khan 's anti-secessionist military operation in Dhaka ,

3968-544: Is not prescribed within the Constitution and is ultimately determined by the Prime Minister of the day. Traditionally the oath has repeated the swearing of allegiance to the Sovereign, although this is not required. The current Oath of Office is: I, (name), do swear that I will well and truly serve the people of Australia in the office of (position) and that I will be faithful and bear true allegiance to His Majesty King Charles

Oath of office - Misplaced Pages Continue

4096-500: Is set forth as follows: I, ___________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to His Majesty King Charles the Third, His Heirs and Successors, according to law. So help me God. The oath of office is set forth as follows: I, ___________, do swear (or solemnly affirm) that I will honour, uphold and preserve the Constitution of Antigua and Barbuda and the law, that I will conscientiously, impartially and to

4224-405: Is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity , organization or other type of entity , and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in

4352-472: Is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States

4480-492: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially

4608-530: The 1979 general election , and with massive public support, Zia's Bangladesh Nationalist Party (BNP) achieved a single-party majority. After the election in February, the withdrawal of martial law was proclaimed on 6 April and the 2nd parliament was formed 9 days later. Drifting away from the Secular State and Liberal Nationalism Zia moved to lead the nation in a new direction, significantly different from

4736-563: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became

4864-539: The Constituent Assembly of Bangladesh , which was formed out of the East Pakistani elected members of the 1970 Pakistani general election , convened a month after the war on 12 January 1972, he introduced parliamentarism through a presidential decree and left office for the role of prime minister. In December on the first anniversary of the end of the war, the new constitution of the country took effect founding

4992-679: The Governor-General of Australia . The requirement to take the oath is set out in section 42 of the Australian Constitution and the wording of the oath and affirmation are set out in a schedule to the Constitution. The oath is: I, (name), do swear that I will be faithful and bear true allegiance to His Majesty King Charles the Third, His heirs and successors according to law. So help me God! The affirmation is: I, (name), do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to His Majesty King Charles

5120-716: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up

5248-529: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of

Oath of office - Misplaced Pages Continue

5376-501: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began

5504-565: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with

5632-517: The Indo-Soviet bloc and grabbed the distancing strings to put bar on the gradually deterioration of Bangladeshi relations with the Western world . Zia gave attention to the other Eastern superpower China that later helped Bangladesh hugely to recover from economical setbacks and to enrich the arsenal of her armed forces . The most notable of Zia's reformed diplomacy was establishing a relationship with

5760-633: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,

5888-696: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,

6016-454: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to

6144-649: The Public Service Commission and the Comptroller and Auditor General takes a likely oath of office from the Chief Justice. The representatives of the people in the local government takes oath from the Prime Minister or the minister in charge of the Local Government Division. The Constitution of Belarus requires the president-elect to recite the following oath before taking office: Assuming

6272-518: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,

6400-601: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed

6528-1033: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon

SECTION 50

#1732844706790

6656-630: The Speaker of the Jatiya Sangsad will act as the president of Bangladesh until the president resumes office. This Article was used during the ascension of Speaker Jamiruddin Sircar as the acting president of the State following the resignation of former president A. Q. M. Badruddoza Chowdhury , and when President Zillur Rahman could not discharge his duties due to his illness, and later, death. Since Bangladesh

6784-535: The Speaker of the Jatiya Sangsad , an oath or affirmation that he/she shall protect, preserve and defend the Constitution as follows: I, (name), do solemnly swear (or affirm) that I will faithfully discharge the duties of the office of President of Bangladesh according to law: That I will bear true faith and allegiance to Bangladesh: That I will preserve, protect and defend the Constitution: And that I will do right to all manner of people according to law, without fear or favour, affection or ill-will" The president

6912-413: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It

7040-401: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and

7168-400: The first presidential election was held. Mohammad Mohammadullah , who replaced Mujib's successor Abu Sayeed Chowdhury as acting president upon the latter's resignation, was indirectly elected uncontested and sworn in as the ceremonial head of state . Mujib is widely considered the founder of Bangladesh and deemed as the "Father of the Nation" of the country. He is popularly referred with

7296-417: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions

7424-414: The president of the People's Republic of Bangladesh ( Bengali : গণপ্রজাতন্ত্রী বাংলাদেশের রাষ্ট্রপতি — Gaṇaprajātantrī Bangladesher Raṣhṭrôpôti ), is the head of state of Bangladesh and commander-in-chief of the Bangladesh Armed Forces . The role of the president has changed three times since Bangladesh achieved independence in 1971. Presidents had been given executive power . In 1991, with

7552-532: The 1970 cyclone had not worn off, and the state's economy had immensely deteriorated by the conflict. Economically, Mujib's huge nationalization program and socialist planning caused the economy to suffer. By the end of the year, thousands of Bengalis arrived from Pakistan, and thousands of non-Bengalis migrated to Pakistan; and yet many thousands remained in refugee camps. Mujib forged a close friendship with Indira Gandhi, strongly praising India's decision to intercede, and professed admiration and friendship for India. In

7680-460: The Appellate/High Court Division of the Supreme Court) do solemnly swear (or affirm) that I will faithfully discharge the duties of my office according to law. That I will bear true faith and allegiance to Bangladesh; that I will preserve, protect and defend the Constitution and the laws of Bangladesh and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. The Election Commissioners , members of

7808-494: The Commonwealth of Australia, and I will do right to all manner of people after the laws and usages of the Commonwealth of Australia, without fear or favour, affection or ill will. So help me God! In case of affirmation, the phrase “So Help me God” is hereby omitted. In addition to swearing, the Oath of Allegiance upon becoming a Member of Parliament, the Prime Minister, Ministers and Parliamentary Secretaries also recite an Oath of Office upon entering office. The wording of this oath

SECTION 60

#1732844706790

7936-601: The French community, of the government of the German-speaking community and of the Brussels-Capital region government swear the oath at the King. The other members of these governments do not take the oath at the King, but in front of their respective parliaments. They may choose to take the oath in one or more of the country's languages. Dutch : Ik zweer getrouwheid aan de Koning, gehoorzaamheid aan de Grondwet en aan de wetten van het Belgische volk. French : Je jure fidélité au Roi, obéissance à la Constitution et aux lois du Peuple belge. Constitution A constitution

8064-443: The Muslim world as well as the Middle East . The present bulk overseas recruitment of Bangladeshi migrant workers to Middle Eastern countries are direct outcome of Zia's efforts those he put to develop a long-lasting relationship with the Muslim leadership of the world . The purpose of Middle East relations has been largely economical whereas the rapid improvement of relations with China was particularly made to for rapid advancement of

8192-443: The Parliament. In case of impeachment, the Parliament must bring specific charges against the president, and investigate it themselves, or refer it to any other body for investigation. The president will have the right to defend himself. Following the proceedings, the president is impeached immediately if two-thirds of the Parliament votes in favour, and the Speaker ascends to power. The principal Presidential residence at Bangabhaban

8320-655: The President whereas the oath of office for other Judges is administered by the Chief Justice: আমি, (নাম), প্রধান বিচারপতি (বা ক্ষেত্রমত সুপ্রীম কোর্টের আপীল/হাইকোর্ট বিভাগের বিচারক) নিযুক্ত হইয়া সশ্রদ্ধচিত্তে শপথ (বা দৃঢ়ভাবে ঘোষণা) করিতেছি যে, আমি আইন-অনুযায়ী ও বিশ্বস্থতার সহিত আমার পদের কর্তব্য পালন করিব; গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান আমি বাংলাদেশের প্রতি অকৃত্রিম বিশ্বাস ও আনুগত্য পোষণ করিবঃ আমি বাংলাদেশের সংবিধান ও আইনের রক্ষণ, সমর্থন ও নিরাপত্তাবিধান করিব; এবং আমি ভীতি বা অনুগ্রহ, অনুরাগ বা বিরাগের বশবর্তী না হইয়া সকলের প্রতি আইন-অনুযায়ী যথাবিহিত আচরণ করিব। I, (name), having been appointed Chief Justice of Bangladesh (or Judge of

8448-413: The Third, His heirs and successors according to law. Upon taking office, the Governor-General of Australia is required to take the above Oath of Allegiance as well as a second Oath of Office: I, (name), do solemnly and sincerely swear (or affirm) and declare that I will well and truly serve His Majesty King Charles the Third, His heirs and successors according to law, in the office of Governor-General of

8576-700: The Third, King of Australia. So help me God! The President , Prime Minister , Chief Justice , Speaker, Ministers take their oath of office. The oath is taken in the Bengali language . The oath (or affirmation) of the President is administered by the Speaker : আমি, (নাম) সশ্রদ্ধচিত্তে শপথ (বা দৃঢ়ভাবে ঘোষণা) করিতেছি যে, আমি আইন-অনুযায়ী বাংলাদেশের রাষ্ট্রপতি-পদের কর্তব্য বিশ্বস্ততার সহিত পালন করিব; আমি বাংলাদেশের প্রতি অকৃত্রিম বিশ্বাস ও আনুগত্য পোষণ করিবঃ আমি সংবিধানের রক্ষণ, সমর্থন ও নিরাপত্তাবিধান করিব: এবং আমি ভীতি বা অনুগ্রহ, অনুরাগ বা বিরাগের বশবর্তী না হইয়া সকলের প্রতি আইন-অনুযায়ী যথাবিহীত আচরণ করিব। I, (name) do solemnly swear (or affirm) that I will faithfully discharge

8704-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,

8832-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea

8960-415: The aftermath of the 1974 Famine , there was growing dissatisfaction with his government. Irked by the heavy criticism from the opposition and news outlets and worried about the Awami League's prospects in the next election, on 28 December 1974 Mujib declared a state of emergency . The following month, he openly advocated to the view that parliamentarism has failed in the country and had the lawmakers amend

9088-454: The authority of the Cabinet and to such extent as may be required for the proper conduct of the government of Antigua and Barbuda, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge as a member of (or Secretary to) the Cabinet. So help me God. All members of the Australian Parliament are required to take before taking their seat in Parliament an Oath or Affirmation of Allegiance before

9216-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,

9344-628: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code

9472-470: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under

9600-476: The best of my ability discharge my duties as and do right to all manner of people without fear or favour, affection or ill-will. So help me God. The oath of secrecy is set forth as follows: I, ___________, do swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose any counsel, advice, opinion or vote given by any Minister as a member of the Cabinet and that I will not, except with

9728-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that

9856-681: The constitution and laws of the Belgian people, preserve the country's independence and protect its territorial integrity. (Article 91 of the Belgian Constitution) The prime minister, the ministers and state secretaries of the Belgian federal government swear an oath in front of the Belgian King. Also the minister-presidents of the Flemish government , of the Walloon government , of the government of

9984-475: The constitution redefined the nature of the republic from the secularism laid out by Sheikh Mujib and his supporters. Islamic religious education was introduced as a compulsory subject in Bangladeshi schools, with provisions for non-Muslim students to learn of their own religions. In public speeches and policies that he formulated, Zia began expounding "Bangladeshi nationalism," as opposed to Mujib's assertion of

10112-506: The constitution to revive the presidential system in order to better manage emergencies in the country. After assuming the presidency again, Mujib criticized "free-style" liberal democracy and established an autocratic one-party state with the strongly socialist Bangladesh Krishak Sramik Awami League as the national party and him as the unelected president and unopposed supreme leader for life. He banned all other political parties and activities while sharply curtailing freedom of speech and

10240-834: The constitutional oath in front of both Chambers of the federal parliament in the Palace of the Nation in Brussels in the three official languages: Dutch : Ik zweer dat ik de Grondwet en de wetten van het Belgische volk zal naleven, 's Lands onafhankelijkheid handhaven en het grondgebied ongeschonden bewaren. French : Je jure d'observer la Constitution et les lois du peuple belge, de maintenir l'indépendance nationale et l'intégrité du territoire. German : Ich schwöre, die Verfassung und die Gesetze des belgischen Volkes zu beachten, die Unabhängigkeit des Landes zu erhalten und die Unversehrtheit des Staatsgebietes zu wahren. In English: I swear that I will observe

10368-417: The country's armed forces. Throughout the study of Zia's international relations it could have been suggested that attention to the bigger neighbour India has been largely ignored. But Zia was found to put strong emphasis on regional co-operation particularly for South Asia . It came evident after Zia took initiative to found SAARC . Zia's dream of Bangladesh's involvement in a strong regional co-operation

10496-538: The country. A five-year plan released in 1973 focused state investments into agriculture, rural infrastructure and cottage industries. After Bangladesh achieved recognition from most countries, Mujib helped Bangladesh enter into the United Nations and the Non-Aligned Movement. He travelled to the United States, the United Kingdom and other European nations to obtain humanitarian and developmental assistance for

10624-685: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,

10752-543: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of

10880-408: The duties of the Speaker of Parliament and (whenever I am called upon so to do) of the President, according to law. That I will bear true faith and allegiance to Bangladesh; that I will preserve, protect and defend the Constitution and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. The oath of office for the Chief Justice is administered by

11008-951: The duties of the office of President of Bangladesh according to law. That I will bear true faith and allegiance to Bangladesh; that I will preserve, protect and defend the Constitution and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. The oath of office for the Prime Minister and other members of the cabinet is administered by the President: আমি, (নাম), সশ্রদ্ধচিত্তে শপথ (বা দৃঢ়ভাবে ঘোষণা) করিতেছি যে, আমি আইন-অনুযায়ী সরকারের প্রধানমন্ত্রী (কিংবা ক্ষেত্রমত মন্ত্রী, প্রতি-মন্ত্রী, বা উপমন্ত্রী)-পদের কর্তব্য বিশ্বস্ততার সহিত পালন করিব: আমি বাংলাদেশের প্রতি অকৃত্রিম বিশ্বাস ও আনুগত্য পোষণ করিব; আমি সংবিধানের রক্ষণ, সমর্থন ও নিরাপত্তাবিধান করিব; এবং আমি ভীতি বা অনুগ্রহ, অনুরাগ বা বিরাগের বশবর্তী না হইয়া সকলের প্রতি আইন-অনুযায়ী যথাবিহীত আচরণ করিব। I, (name), do solemnly swear (or affirm) that I will faithfully discharge

11136-400: The duties of the office of Prime Minister (or as the case may be) according to law. That I will bear true faith and allegiance to Bangladesh; that I will preserve, protect and defend the Constitution and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. The Speaker of the Jatiya Sangsad , takes the oath of his or her office as well as

11264-744: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav

11392-564: The honorary title of Bangabandhu (বঙ্গবন্ধু "Friend of Bengal"). He introduced the state policy of Bangladesh according to four basic principles: nationalism, secularism, democracy and socialism. He nationalized hundreds of industries and companies as well as abandoned land and capital and initiated land reform aimed at helping millions of poor farmers. Major efforts were launched to rehabilitate an estimated 10 million refugees. He further outlined state programs to expand primary education, sanitation, food, healthcare, water and electric supply across

11520-551: The ideology and agenda of the 1st parliament of Bangladesh. He issued a proclamation order amending the constitution, replacing secularism with increasing the faith of the people in their creator, following the same tactics that was used in Pakistan during the Ayub Khan regime to establish a military rule over civilian democratic rule in the government system. In the preamble, he inserted the salutation " Bismillahir -Rahmaanir-Rahim" ( In

11648-455: The incumbent president of the country as chancellor of all state universities thus established. The Constitution of Bangladesh sets the principal qualifications one must meet to be eligible to the office of the president. A person shall not be qualified for election as president if he- Certain conditions, as per Article 27 of the Constitution, debar any eligible citizen from contesting the presidential elections. The conditions are: Whenever

11776-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for

11904-449: The killing of the imprisoned Syed Nazrul Islam , Tajuddin Ahmed , Abul Hasnat Muhammad Qamaruzzaman and Mujib's new PM Muhammad Mansur Ali . With the ousting of Mostaq three days later and the constitutional requirement for the direct election of the president and role of the vice-president as acting president suspended by Mostaq, Chief Justice Abu Sadat Mohammad Sayem was appointed to

12032-572: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for

12160-529: The lack of Mujib loyalists in the military. He also proclaimed the Indemnity Ordinance , which granted immunity from prosecution to the assassins of Mujib. Yet only a few months later on 3 November, his regime faced a bloodless coup by pro-Mujib officers led by Brigadier General Khaled Mosharraf in an attempt to depose Mostaq and the military assassins backing his government. At night, presumably on Mostaq's orders, some army officers secretly carried out

12288-581: The latter government-in-exile (GiE) set up its headquarters at 8 Theatre Road, in Kolkata , India . The de jure president of the GiE and thus the first president of Bangladesh was Sheikh Mujibur Rahman , who was the most popular leader of the independence struggle imprisoned shortly after the independence declaration, with vice-president and acting president being Syed Nazrul Islam and Tajuddin Ahmad as prime minister. As

12416-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to

12544-832: The legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws . This Constitution also limited the executive authority of the hetman , and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect. Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau . The latter introduced universal suffrage for property owners. President of Bangladesh The president of Bangladesh ( Bengali : বাংলাদেশের রাষ্ট্রপতি — Bangladesher Raṣhṭrôpôti ), officially

12672-626: The name of Allah , the Beneficent, the Merciful ). In Article 8(1) and 8(1A) the statement "absolute trust and faith in Almighty Allah" was added, replacing the commitment to secularism . Socialism was redefined as "economic and social justice." In Article 25(2), Zia introduced the principle that "the state shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity." Zia's edits to

12800-403: The nation. He signed a treaty of friendship with India, which pledged extensive economic and humanitarian assistance and began training Bangladesh's security forces and government personnel. Mujib's premiership however faced serious challenges, which included the rehabilitation of millions of people displaced in 1971, organizing the supply of food, health aids and other necessities. The effects of

12928-498: The oath of secrecy. Members of the Public Service Commission for Antigua and Barbuda take the oath of allegiance and oath of office, while members of both Houses of Parliament are only required to make the oath of allegiance prior to participating in their respective House (save for the oath-taking itself). Any of these oaths may be taken as an affirmation; when doing so "So help me God" is omitted. The oath of allegiance

13056-409: The office becomes vacant, the new president is chosen by members of Parliament . Although presidential elections involve actual voting by MPs , they tend to vote for the candidate supported by their respective parties. The president may be impeached and subsequently removed from office by a two-thirds majority vote of the parliament. The president is required to make and subscribe in the presence of

13184-509: The office of President of the Republic of Belarus, I solemnly swear to faithfully serve the people of the Republic of Belarus, to respect and safeguard the rights and liberties of man and citizen, to abide by and protect the Constitution of the Republic of Belarus, and to discharge strictly and conscientiously the lofty duties that have been bestowed upon me In Belgium , the King is not crowned but swears

13312-601: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent

13440-535: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between

13568-470: The political scene when restored to the post of Chief of Army Staff following the uprising. With the country in a dire situation and no stability and security, he was promoted from one of Sayem's deputies to CMLA in November 1976. With Zia's military loyalists now running the state from behind, initially as Deputy CMLA (DCMLA) he sought to invigorate government policy and administration. Hence on 21 April 1977, when Sayem retired on health grounds, without

13696-432: The presidency of what became a military interim government. However, the next day a popular uprising led by the retired lieutenant colonel Abu Taher ended in yet another coup with the deaths of several military generals, including Mosharraf. With Mosharraf dead, the office of Chief Martial Law Administrator (CMLA) was taken by Sayem. Sayem dissolved the parliament and scheduled a general election in February 1977 in

13824-511: The presidency. Over the ensuing months, Ershad sought a formula for elections while dealing with potential threats to public order. On 1 January 1986, full political rights, including the right to hold large public rallies, were restored. At the same time, the Jatiyo (People's) Party (JP), designed as Ershad's political vehicle for the transition from martial law, was established. Ershad resigned as chief of army staff, retired from military service, and

13952-473: The president. Chancellor is a titular position at universities in Bangladesh, always held by the incumbent president of Bangladesh under the Private Universities Act 1992. The position in public universities is not fixed for the president under any acts or laws (since the erection of a state university in Bangladesh requires an act to be passed in itself), but it has been the custom so far to name

14080-564: The presidential oath, since the acts of president is practiced by the Speaker, whenever necessary: আমি, (নাম), সশ্রদ্ধচিত্তে শপথ (বা দৃঢ়ভাবে ঘোষণা) করিতেছি যে, আমি আইন-অনুযায়ী সংসদের স্পীকারের কর্তব্য (এবং কখনও আহুত হইলে রাষ্ট্রপতির কর্তব্য) বিশ্বস্ততার সহিত পালন করিব; আমি বাংলাদেশের প্রতি অকৃত্রিম বিশ্বাস ও আনুগত্য পোষণ করিবঃ আমি সংবিধানের রক্ষণ, সমর্থন ও নিরাপত্তাবিধান করিব; এবং আমি ভীতি বা অনুগ্রহ, অনুরাগ বা বিরাগের বশবর্তী না হইয়া সকলের প্রতি আইন-অনুযায়ী যথাবিহীত আচরণ করিব। I, (name), do solemnly swear (or affirm) that I will faithfully discharge

14208-593: The press. However, these changes were remarked as the "Second Revolution" by Mujib. In bringing together all politicians under a single national party apparently for the sake of unity of the country during a critical period it struck a similarity to Abraham Lincoln's National Union Party during the height of the American Civil War . The new party obliged all members of parliament, government and semi-autonomous associations and bodies to join, as well as intimidated and violently punished or eliminated opposition to

14336-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,

14464-557: The regime using the Jatiya Rakkhi Bahini , the paramilitary "national defence force" and the ruling party's armed wing. Soon after, some close associates of Mujibur Rahman, who were ministers and secretaries, joined an assassination plot by the Bangladesh Army . On 15 August 1975, Mujib was assassinated in a coup d'état by some mid-ranking army officers, and replaced by one of his long time associates and cabinet members who

14592-628: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona

14720-467: The restoration of a democratically elected government, Bangladesh adopted a parliamentary democracy based on a Westminster system . The President is now a largely ceremonial post elected by the Parliament. In 1996, Parliament passed new laws enhancing the president's executive authority, as laid down in the constitution, after the Parliament is dissolved. The president resides at the Bangabhaban , which

14848-541: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe

14976-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification

15104-580: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within

15232-598: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in

15360-631: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and

15488-461: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into

15616-628: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on

15744-580: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became

15872-612: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by

16000-474: Was in a bitter bureaucratic rivalry with his loyalists, Khondaker Mostaq Ahmad . Immediately after, martial law was promulgated in the country. As soon as he assumed presidency, along with replacing the national slogan of Joy Bangla ("Hail Bengal"), a cry of Bengali nationalism with Bangladesh Zindabad ("Love Live Bangladesh") calling for Bangladeshi nationalism instead, Mostaq replaced all three armed forces chiefs with next in line seniors to likely ensure

16128-438: Was met after 4 years of his assassination when SAARC got founded on 8 December 1985 with a key role of the then Bangladeshi authority. Assassination of Ziaur Rahman In 1981, Zia was assassinated by fractions of the military who were dissatisfied with his non-conventional means of running many state affairs including the military. Vice-President Justice Abdus Sattar was constitutionally sworn in as acting president. He declared

16256-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,

16384-649: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,

#789210