Skip to Content

Macquarie Law School

Law HDR Student - M. Ehteshamul Bari

M. Ehteshamul Bari

Qualifications

LLM (by research) in Comparative Constitutional Law (with Distinction) (University of Malaya, Kuala Lumpur);
LLB (1st class Honours) (University of Dhaka);
Diploma in Law (University of London).

Brief Biography

M. Ehteshamul Bari is presently undertaking research for a PhD in Law at the Macquarie University, Sydney, on an International Macquarie University Research Excellence Scholarship (iMQRES). He is presently on leave from the Manarat International University (MIU), Dhaka, where he has been serving as a Lecturer in Law since March 2009. Ehteshamul acted as an Assistant Editor for the Research Journal of the MIU in 2009. He has also been teaching Jurisprudence (since July 2012) and Constitutional Law (since March 2014) at the Macquarie University as a Sessional Academic. Ehteshamul has published Articles on various aspects of constitutional law, human rights, and public international law in reputed peer reviewed Journals. He has also presented papers in reputed international conferences. Ehteshamul is the recipient of Justice Syed Mohammad Hossain Memorial Gold Medal for securing the highest marks in Constitutional Law at his 2nd Year LLB(Honours) Examination of the University Dhaka. During the International Academic Conference on Law and Politics, held in Istanbul, Turkey, from 26-27 April 2014, Ehteshamul was bestowed upon the 'Excellence in Law Award' (the best paper award) for his research paper.

Thesis Title

Suspension of the Fundamental Rights and Unrestrained Exercise of the Power of Preventive Detention during the Successive Proclamations of Emergency in Bangladesh: A Legal Study.

Thesis Overview

In the absence of any effective constitutional constraints in Bangladesh concerning the proclamation, governance and withdrawal of emergency, the power to proclaim emergency has been exercised by the government of the day on five occasions on the imprecise ground of internal disturbance. Two of these emergencies even continued after the threat posed to the life of the nation was over for political purposes to perpetuate the government of the day's survival in power. Such a continuance of emergency is completely antithesis of the temporary nature of an emergency regime designed to fend off the extraordinary threats posed to the life of the nation. Furthermore, the Constitutional provisions concerning emergency and preventive detention laws in Bangladesh have served as a rationalisation for depriving the citizens of all or majority of their fundamental rights. This thesis therefore, seeks to design a constitutional emergency framework for Bangladesh that would ensure the best possible means to handle the exigencies of a grave crisis and at the same time warrant the observance of the rule of law as opposed to rule of men.

Supervisor

Professor Denise Meyerson

Awards/Scholarship:

  • Recipient of the 'Excellence in Law Award' [the best paper award] at the International Academic Conference on Law and Politics, held in Istanbul, Turkey, from 26-27 April 2014, for the paper titled 'The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal'
  • Recipient of the International Macquarie University Research Excellence Scholarship (iMQRES) to undertake PhD.
  • Recipient of the 'Justice Syed Mohammad Hossain Memorial Gold Medal' for securing the highest marks in Constitutional Law at his 2nd Year LLB(Honours) Examination of the University Dhaka;

Publications

  • 'Recent Establishment of the Judicial Appointments Commission in Malaysia to improve the Constitutional Method of Appointing the Judges of the Superior Courts: A Critical Study', (2014) Commonwealth Law Bulletin [Forthcoming].
  • 'The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal', (2014) Jurisprudence [Forthcoming].
  • 'The Natural Death of the Supreme Judicial Commission of Bangladesh & the Consequent Patronage Appointments to the Bench: Advocating the Establishment of an Independent Judicial Commission', (2014) 1 International Review of Law 1-17.
  • 'Establishment of Judicial Commissions in Malaysia and Bangladesh to Strengthen the Constitutional Process of Appointment of the Higher Judiciary: A Comparative Study', (2013) 40 Journal of Malaysian and Comparative Law (Accepted for publication on 9 October 2013).
  • 'Liberalisation of the Traditional Rule of Locus Standi in the United Kingdom and Malaysia: A Comparative Study', (2012) 39 Journal of Malaysian and Comparative Law 23-60. [Co-Author]
  • 'Dispensation of Justice by the Extraordinary Chambers in the Courts of Cambodia: A Critical Appraisal', (2011) 4(1) Journal of East Asia and International Law 193-216.
  • 'The Economic and Social Council and the Specialized Agencies', (2008) 5 Rajshahi University Law Journal 55-70.


Conference/Seminar Presentations:

  • 'The Exercise of Emergency Powers in India, Pakistan and Bangladesh: Problems and Prospects', 11th Asian Law Institute (ASLI) Conference, to be held at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia, from 29-30 May 2014.
  • 'The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal', International Academic Conference on Law and Politics, held in Istanbul, Turkey, from 26-27 April 2014.
  • 'Suspension of the All the Fundamental Rights during the 2007 Proclamation of Emergency in Bangladesh: A Critical Appraisal', 'Law on the Edge' Conference, held at the University of British Columbia, Vancouver, Canada, from 1-4 July 2013.
  • 'Justification of the Emergencies Proclaimed in India', Annual Postgraduate Conference in Public Law, organized by the Gilbert + Tobin Centre for Public Law, University of New South Wales, Australia, from 12-13 July 2012.
  • 'Higher Judicial Appointments in Malaysia and Bangladesh: A Comparative Study', a paper presented in a Seminar at the Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia, on 20 December 2010.