Question:-Asses the status and function of the rule of law in the operation of the current Bangladesh constitution
Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. One of the basic principles of the any constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and in the constitution of Bangladesh. Now a day’s rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the 2 conflicting forces in society. One of the prime objects of making laws is to maintain law and order in society, a peaceful environment for the progress of the people. In true and real sense, there is no rule of law in Bangladesh today. Law in Bangladesh follows a course of selective and discretionary application. Institution and procedures required for ensuring rule of law also are no effective in the country.
There are seven principal meanings of the term Rule of law according to various philosophers and constitution specialist. Those are:
(1) Law and order;
(2) Fixed rules;
(3) Elimination of discretion;
(4) Due process of law or fairness;
(5) Natural law or observance of the principles of natural justice; (6) Preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and (7) Judicial review of administrative actions.
So finally it may correctly be said that rule of law does not mean and cannot mean any government under any law. It means the rule by a democratic law, which is passed in a democratically elected parliament after adequate debate and discussion.
RULE OF LAW AND THE CONSTITUTION OF BANGLADESH
The rule of law is a basic feature of the constitution of Bangladesh. Rule of law have been incorporated in the constitution: Article 27 guarantees that all citizens are equal before law and are entitled to equal protection of law. Article 31 guarantees that to enjoy the protection of the law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being with in Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with Law.18 fundamental rights have been guaranteed in the constitutional arrangement for their effective enforcement has been ensured in Articles 44 and 102. Article 7 and 26 impose limitation on the legislature that no law which is inconsistent with any provision of the constitution can be passed. In accordance with Article 7, 26 and 102(2) of the constitution the Supreme Court exercise the power of judicial review whereby it can examine the extent and legality of the actions of both executive and legislative and con declare any of their actions void if they do anything beyond their constitutional limits. Right to be governed by a representative body answerable to the people have been ensured under Articles 7(1), 11, 55, 56, 57 and 65(2) of the constitution.18 All these provisions of constitution are effective for ensuring rule of law in Bangladesh. However, facts on the ground tell a different story altogether.
RULE OF LAW IN BANGLADESH
Laws, rules and procedures framed under them exist to cover every walk of our national life, though there may be parities in number and shortcomings in scope. Our constitution contain plethora of laws while institutions like courts, ministries and departments have been set up to dispense justice and decisions in...
Please join StudyMode to read the full document