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More Intrusive Scrutiny in Civil-Political Matters than Socioeconomic Ones?
from Part III - Doctrinal Equivalents of Proportionality
Published online by Cambridge University Press: 18 September 2020
The proportionality test is not expressly referred to in the parlance of Bangladesh’s constitutional jurisprudence. Rather, a somewhat equivalent word, ‘reasonableness’, is used in Bangladesh. A review of cases demonstrates that when a restriction to rights imposed by law would implicate socio-economic matters, the Supreme Court of Bangladesh (SC) has shown greater readiness to defer to the legislative wisdom. So long as the statutory restriction in these areas could be arguably reasonable, the SC would not ordinarily hold it unconstitutional. However, when a restriction is imposed on civil and political rights, the SC is more willing to test the choice of the restraint. In this type of cases, if a less restraining alternative could achieve the same governmental purpose, the SC is more prepared to declare the contested provision as unconstitutional.
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