Can Bangladesh legally or practically shift to an “unwritten” constitutional fra...

Can Bangladesh legally or practically shift to an “unwritten” constitutional framework now?

Legally:

Almost impossible under the current constitutional framework. To adopt an unwritten constitution, Bangladesh would need to abolish or replace the existing written Constitution altogether — because Article 7(2) explicitly states that “this Constitution is the solemn expression of the will of the people” and all powers must be exercised under it.

That provision is part of the basic structure of the Constitution, which, under Supreme Court precedents (notably Anwar Hossain Chowdhury v. Bangladesh, 1989), cannot be amended even by Parliament.

Practically:

An unwritten constitution requires deeply entrenched democratic institutions, political conventions, and a strong culture of constitutional restraint — features that evolve over centuries (as in the UK), not through abrupt adoption.

Bangladesh, after the July 2024 revolution, is still navigating institutional uncertainty and rebuilding legitimacy — a phase that typically demands more codification and clarity, not less.

Political-theoretical possibility:

In theory, a new constituent assembly could abolish the current Constitution entirely and establish a new order based on conventions, precedents, and ordinary law — effectively starting from a revolutionary “tabula rasa.”

However, in modern statecraft, no country has successfully transitioned from a codified constitution to an uncodified one. Even those revising or replacing constitutions (e.g., Nepal, Tunisia, South Africa) retained written texts to anchor political authority.

Likely path for Bangladesh:

Given the political and legal realities, the constitutional revision process in Bangladesh will likely result in:

• A revised written Constitution, possibly emphasizing new governance structures, electoral reforms, and civil-military relations.

• Stronger constitutional conventions (e.g., caretaker provisions, judicial independence norms), but still within a codified framework.

Conclusion:

So, while Bangladesh could, in a revolutionary sense, theoretically establish an unwritten constitution, it would be neither legally compatible nor politically viable under current conditions.

A revised written Constitution — with clearer democratic guardrails and perhaps a greater role for constitutional conventions — is far more realistic.

#morphbangladesh