Quandary of Utilitarianism and Constitutionalism in the Constitution: A Study of the Historical and Recent Factualism of Bangladesh

Abstract

Constitutionalism, in general, postulates the notion in which government in a state holds the limited power of its operational podium of vicissitudes. Here government belonging to the state-power considers circumstantial factualism of populace life taking into welfare ambience. From this stance, utilitarianism takes place in constitutionalism that affirms greater happiness for the greater numbers. Although it does not mean the highest presence of justice, here minimal or quasi-utility level delineates the likely egalitarianism as the prerequisite of justice prevalent in society. Bangladesh from both historical and current perspectives produces the decay of utilitarianism in the distinct scenarios that the country experienced bitterly in its journey. So, normally, the country foils to march even on the road to utilitarianism as consequence reveals. The study mainly aims to explore the quandaries of constitutional ism and utilitarian aspects in the constitutional developments of Bangladesh. Besides, it also seeks to demonstrate or appraise some notable facts' incorporation; either it posses positivity or not, in the constitution of Bangladesh widely called the factual ism.