The King/Queen and the Government Aren’t Above the Law Syed l. Ali bahram

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Bangladesh Unrest :

Protesters climb a public monument to celebrate after receiving the news of Prime Minister Sheikh Hasina’s resignation in Dhaka, Bangladesh. Bangladesh has held three general elections, neither of which was truly free and fair. Many people in Bangladesh and abroad questioned the legitimacy of these polls, alleging they were heavily rigged in favour of the ruling party.

Critics also noted an authoritarian streak in the country’s governance — an outcome largely attributed to the absence of a strong opposition group in Parliament. These shortcomings highlight some inherent weaknesses in parliamentary democracies.

This situation arose in response to the chronic conflicts between ruling and opposition political parties — the Awami League, led by Sheikh Hasina, and the Bangladesh Nationalist Party, led by Khaleda Zia. Both have served as prime ministers. Hasina lost power amid nationwide street protests and fled to neighboring India on August 5.

Meanwhile, an ailing Khaleda Zia was released from house arrest following Hasina’s resignation. An interim administration, led by Nobel Prize winner Muhammad Yunus, took over on August 8 to govern the country until new elections can be held.

The street protests that ousted Hasina from power serves as a stark reminder that deteriorating democracies require new measures to develop into healthy governing systems. This is particularly true for countries like Bangladesh, where power frequently shifts through violence rather than through elections.
The proposed model is a blend of parliamentary and presidential systems, with executive powers primarily vested in the prime minister.

It advocates for the direct election of the president, who would have limited executive powers to call fresh general elections if the prime minister crosses constitutional boundaries. This mechanism would serve as a warning to the prime minister that any deliberate deviation from the constitution and abuse of power could lead to disastrous consequences for the administration.

Additionally, the model proposes that parliamentary candidates be selected through primaries, similar to the United States, to prevent political parties from selling nominations to the highest bidders — an all-too-common practice in Bangladesh that undermines the electoral process.

Preventing Parliamentary Autocracy
Despite containing some beneficial elements, the proposed system lacked crucial safeguards. To prevent a prime minister from becoming autocratic, British-style democracies require more effective checks and balances. One way to achieve this is through the direct election of the president by the public.
Under my proposed presidential-parliamentary system, the president would have the authority to dissolve parliament if the prime minister acts unlawfully.

However, the prime minister would remain in office to conduct a new election within 30 days. The interim prime minister would operate strictly under the president’s direction and must not appoint a new prime minister before the election. Only a member of parliament supported by the majority party would be eligible to assume the role of prime minister.

Presidential elections must be non-partisan. No political parties or civic groups should openly support or oppose a presidential candidate. All candidates must receive public funding to cover campaign expenses, but they must first demonstrate their eligibility by raising a specified percentage of their total campaign costs from individual donors.

The president will act as a watchdog over the prime minister. His authority to dissolve parliament and call fresh elections will serve as a reminder to the prime minister that the government may face termination if it crosses constitutional boundaries.

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The Weimar Republic constitution granted this power to the German president, but it contained a fatal flaw: it permitted the president to issue decrees — even if they did not conform to the constitution — as long as they were supported by a two-thirds majority in parliament. This loophole enabled Adolf Hitler to seize absolute power.

A non-partisan president can help ensure free and fair parliamentary elections by maintaining impartiality and fairness in the electoral process.

In countries like Britain and Japan, monarchs are highly respected and exert a moderating influence on politicians. For instance, in 2019, Malaysia’s King Al-Sultan Abdullah used his powers to address the nation’s political crisis by appointing a new prime minister after months of turmoil.

Weak institutions often spell doom and gloom for a nation. When Pakistan’s Prime Minister Khawaja Nazimuddin was abruptly dismissed by the governor-general in 1953, the Supreme Court upheld the decision, marking a significant blow to democracy in Pakistan. In contrast, Sri Lanka’s Supreme Court upheld democracy in 2018 by declaring the dismissal of the prime minister illegal.

Parliamentary democracies face yet another challenge: selecting candidates for top elected offices. Political parties frequently sell nominations to the highest bidders or select candidates based on their connections. To address this issue, political parties must nominate candidates through primary elections, as practiced in the United States.

Many young nations adopted the British system without fully considering its implications, often lacking the institutions necessary to address critical governance issues. Politics in these countries often revolve around personalities.

For instance, when Bangladesh faced turmoil in 2006, it sought to replace old guards with new faces, and Nobel laureate Muhammad Yunus’s name emerged as a candidate. Unfortunately, this pattern persists; the real solution lies in building the right institutions, rather than relying on charismatic personalities.

To empower local governments, a more equitable distribution of tax revenues between local and national levels is suggested, similar to the system in the United States. This shift would allow local officials more autonomy in decision-making, but it may face resistance from politicians who fear losing power. Civil society is encouraged to advocate for this change.

The historical movements that have united marginalized groups against powerful entities, suggesting that the current generation will play a crucial role in shaping democracy. It calls for the elimination of political patronage and urges a preference for political sanity over subservience, warning against the use of digital crackdowns in political tactics.

Inequality, Inflation, Nationalism, conflicting social relations & Sycophancy can lead to more turmoil in the future.

(The author is a freelance Journalist.)

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