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The Politics and Law of Democratic Transition - Caretaker Government in Bangladesh (Hardcover)
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The Politics and Law of Democratic Transition - Caretaker Government in Bangladesh (Hardcover)
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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 a new or revised transitional
modality - perhaps akin to the CTG ethos - to oversee electoral
governance, which will have to be renegotiated by the polity based
on the people's will. The book provides a valuable resource for
researchers and academics working in the area of constitutional
law, democratic transition, legal pluralism and election law.
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