@article{2025:ahmed:rhetorical,
title = {Rhetorical Invocation of Constitutional Guardianship as a Justificatory Tool: The Case of Bangladesh},
year = {2025},
note = {The claim of constitutional guardianship by apex courts is not
uncommon in jurisdictions with constitutional supremacy, including
Bangladesh. The article introduces its readers to the notion of
constitutional guardianship by examining the terminology and existing
literature. It illustrates how the Supreme Court of Bangladesh (SCOB)
used constitutional guardianship rhetoric while enforcing
constructional rights in cases that may give rise to political
tension. It shows how the SCOB has used the claim of constitutional
guardianship to enforce its own preferred version of constitutional
balance or political order. The article argues that SCOB uses claims
of constitutional guardianship as a tool to add justificatory value to
the use of extraordinary powers. It argues that when the SCOB
decisions lack textual or precedential support, the Court uses its
role as the guardian of the Constitution to add justificatory weight
to its decisions.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {239--254},
author = {Ahmed, Nafiz},
volume = {58},
number = {2}
}