Rule of Law in Bangladesh
Question:-Asses the status and function of the rule of law in the operation of the current Bangladesh constitution
INTRODUCTION 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. [1]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
INTRODUCTION 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. [1]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