Grundnorm In Transition: A Kelsenian Perspective On Bangladesh’s Recent Regime Change
- IJLLR Journal
- 3 days ago
- 1 min read
D Kusumitha Rao, B.A. L.L.B (Hons.), National Law University and Judicial Academy, Assam
ABSTRACT
This paper, titled ‘Grundnorm in Transition: A Kelsenian Perspective on Bangladesh’s Recent Regime Change’, seeks to analyse the 2024 political transformation in Bangladesh through the theoretical framework of Hans Kelsen’s Pure Theory of Law. Kelsen’s notion of the Grundnorm or ‘basic norm’ establishes the foundational source of validity for all legal norms within a legal system. This study applies the mentioned concept to examine whether the overthrow of Sheikh Hasina’s government and the subsequent establishment of an interim regime led by Muhammad Yunus, signify the emergence of a new legal order. By evaluating the principles of legitimacy and effectiveness propounded by Kelsen in his book ‘Pure Theory of Law’, the paper aims to explore the legal continuity and constitutional validity of the new regime. It further explores how the change in government challenges the existing constitutional framework and whether the effectiveness of the interim authority can substitute for formal legitimacy. The research also addresses major criticisms of Kelsen’s theory, particularly its abstraction, moral neutrality, and limitations in explaining revolutionary legality. Through this analysis, the paper aims to contribute to the broader discourse on the relationship between law, revolution, and constitutional legitimacy in periods of modern political transition.
Keywords: Hans Kelsen, Grundnorm, legitimacy, Regime change, Legal order.
