The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
especially after the collapse of the Soviet empire. In 1992,
Thomas Franck in his pioneering article, The Emerging Right
to Democratic Governance, claimed that in international law,
a new norm was emerging that required democracy to
legitimise the governance of the State. While governance
has always been within the internal affairs of a State
protected under its sovereign veil, Franck argues, this
emerging law is becoming “a requirement of international
law, applicable to all and implemented through global
standards, with the help of regional and international
organisations”.6
The normative position in favour of democratic governance,
which has been translated into international law as an
‘entitlement’ in recent years, is well accommodated in the
Constitution of Bangladesh. The Constitution not only
declares democratic governance as one of the fundamental
principles of State policy,7 but also stipulates that “[t]he
Republic shall be a democracy in which fundamental human
rights and freedoms and respect for the dignity and worth of
the human person shall be guaranteed [...] and in which
effective participation by the people through their elected
representatives in administration at all levels shall be
ensured.”8
6
7
8
Franck, 47.
See, article 8 (1) of the Constitution.
Article 11 of the Constitution. See also, the preamble, and articles 7 (1) and 59
(1) of the Constitution.
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