Rule of Law and Bangladesh
RULE OF LAW AND BANGLADESH
ABSTRACT:
"No free man shall be taken or imprison or desseised or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgement of his peers and by the law of the land". --MAGNA CARTA
This paper is a presentation of the concept of rule of law, Dicey's theory of
'Rule of Law', rule of law in true and modern sense and rule of law in
Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh.
INTRODUCTION
One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days 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 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.
CONCEPT OF THE RULE OF LAW
The term 'Rule of Law' is derived from the French
ABSTRACT:
"No free man shall be taken or imprison or desseised or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgement of his peers and by the law of the land". --MAGNA CARTA
This paper is a presentation of the concept of rule of law, Dicey's theory of
'Rule of Law', rule of law in true and modern sense and rule of law in
Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh.
INTRODUCTION
One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days 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 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.
CONCEPT OF THE RULE OF LAW
The term 'Rule of Law' is derived from the French