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Political Questions in Constitutional Lawsuits: In Pursuit of a Coherent Approach in Bangladesh

Political questions often enthusiastically surmounted the court’s threshold in constitutional litigations in Bangladesh, which gains considerable media exposure and momentum in public debate. While questions involving political overtone come into play, the Judiciary evolves as a site of politics and power and the politics as mega-political issues in ‘constitutional attire’. In such backgrounds, this paper’s chief spotlight focuses on the higher courts’ attitudes or trends to the justiciability of the political questions; and the degree of judicial engagement with the political questions doctrine as a principle. After examining whether courts hold a coherent approach in applying the doctrine of political questions for judicial intervention into politics, this paper further submits what is left of the doctrine to the Judiciary in the prospective context. It also uses searchlights on the imbroglios encountered due to the application, non-application, and over-application of the doctrine from time to time.