Rhetorical Invocation of Constitutional Guardianship as a Justificatory Tool: The Case of Bangladesh

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.