Author: The Mandamus

Introduction: The Jurisdictional Singularity The metaverse represents not merely an incremental evolution of the internet but a legal and constitutional event horizon. It is a persistent, interconnected network of digital worlds, a merging of virtual, augmented, and physical reality where users, represented by avatars, can connect, explore, and interact in ways that transcend physical geography. This emerging digital frontier, being constructed by a combination of centralized corporate giants and decentralized, user-owned platforms , operates in a deterritorialized space that directly collides with the foundational principles of legal jurisdiction. Traditional jurisdiction is a manifestation of state sovereignty, fundamentally rooted in the…

Introduction The fiscal architecture of a federal state is a primary determinant of its stability, efficiency, and equity. It represents the intricate web of financial relationships that binds the central government to its constituent subnational units. Fiscal federalism, the field of public finance that studies these relationships, is not merely an economic concept but a dynamic arena of intergovernmental relations shaped profoundly by constitutional law, political bargaining, and judicial interpretation. The design of this architecture—specifically, how revenue-raising powers and expenditure responsibilities are divided and how resulting financial gaps are bridged—is a foundational act of statecraft. It dictates the balance of…

Part I: The Constitutional Bedrock of Judicial Review The edifice of judicial review in Bangladesh rests upon the solid foundation of its Constitution, which is declared to be the “solemn expression of the will of the people” and the “supreme law of the Republic”. Unlike jurisdictions where judicial review is an implied power, in Bangladesh, it is an explicit and deliberate constitutional mandate vested in the High Court Division (HCD) of the Supreme Court. This power is not an extra-constitutional innovation but a carefully crafted mechanism designed to uphold constitutional supremacy, enforce fundamental rights, and ensure that all organs of…

Introduction: The New Constitutional Crisis The rapid proliferation of autonomous, opaque, and statistically-driven Artificial Intelligence (AI) systems presents a fundamental challenge to the American constitutional order, which is predicated on principles of human reason, knowable intent, transparency, and individual accountability. The legal and social landscape is not merely facing a series of isolated technical puzzles but a systemic crisis that compels a re-evaluation of how constitutional rights are defined and protected in an age of automated governance. AI, once a subject of speculative fiction, now underpins critical decisions in domains ranging from criminal justice and employment to public health and…

I. Introduction: Defining the Boundaries of Judicial Power The political question doctrine stands as one of the most enigmatic and consequential principles in American constitutional law. At its core, it is a rule of justiciability, a self-imposed restraint that dictates that federal courts will refuse to adjudicate certain disputes that are deemed inherently political and thus inappropriate for judicial resolution. Rooted in the separation of powers, the doctrine limits the federal judicial power granted by Article III of the Constitution, even when all other jurisdictional requirements, such as standing, ripeness, and mootness, are satisfied. It is a principle born from…

Introduction: The Enduring Dilemma of Constitutional Change A constitution, as the supreme law of a nation, embodies a fundamental paradox. It must be sufficiently stable to provide an enduring framework for governance, establishing the “rules of the game” for the polity and protecting fundamental principles from the whims of transient majorities. Yet, it must also be adaptable enough to evolve with the society it governs, accommodating new social, political, and technological realities to prevent stagnation and, ultimately, revolutionary rupture. This inherent tension between permanence and progress is at the heart of the design of constitutional amendment processes. The mechanisms a…

Introduction Protest, in its myriad forms—from mass marches and sit-ins to symbolic acts of civil disobedience—is not an aberration in a democratic society but one of its essential, life-sustaining components. It serves as a primary vehicle for public expression, a catalyst for social change, and a crucial mechanism for holding state power accountable. Historically, it has been the “moral-political force” through which citizens challenge injustice, seek redress for grievances, and avoid the political alienation that festers in the absence of a meaningful public voice. The right to assemble and protest allows the “force of numbers” to give visibility and political…

Introduction: Federalism at the Precipice Federal systems of government are constructed upon a foundational, and often delicate, balance between a central authority and constituent political units. This division of sovereignty is designed to accommodate regional diversity, foster local governance, and prevent the over-concentration of power. Yet, national emergencies—be they pandemics, natural disasters, or threats to public order—present a profound challenge to this equilibrium. Such crises inherently demand a level of speed, unity, and resource mobilization that can seem at odds with the deliberative, and sometimes fragmented, nature of federalism. The urgent need for decisive, nationwide action often creates a powerful…

Introduction: Navigating the Digital Landscape of Constitutional Law Constitutional law stands as a unique and foundational discipline within the American legal system. Research in this field demands more than a mere recitation of current precedent; it requires a deep and nuanced engagement with history, political theory, legislative intent, and the evolving narrative of the nation itself. The U.S. Constitution is not a static code but a dynamic charter, continuously interpreted and reinterpreted against the backdrop of a changing society. Consequently, the task of the constitutional law practitioner or scholar is to construct arguments that are not only legally sound but…

Part I: The Contested Arena: Defining the Terms of Engagement The contemporary political landscape is defined by a profound and escalating challenge to the principles of liberal democracy. This challenge, emanating from populist movements across the globe, is not merely a contest over policy but a fundamental conflict over the nature of political legitimacy, the role of institutions, and the very definition of “the people.” To comprehend the stakes of this confrontation, it is essential to first establish a clear analytical framework, defining the core tenets of the system under threat, the nature of the ideology challenging it, and the…