Rule of Law in Bangladesh

The doctrine of judicial independence rests on three concepts. The first one is the security of tenure of office which is supposed to guarantee judicial officers freedom from the interferences by the parliament or the executive. The doctrine requires

In any given constitution a nation, the recording of bills of rights has been a gradual process. All the aspects of life in society were done with respect to the law. The society requires being guided by certain principles and guidelines that would define and evaluate each and every aspect of their lives. To ensure that the entire society remained focused and concentrated in the given policies and guidelines, they recorded in the constitution and made available to each and every member of the society for the purpose of doing reviews. The action of the people would be judged in accordance with the constitution. With society running several errands towards the realization of development, many fields had to be covered. Criteria for the operation of the people would require significant efforts to accomplish the set objectives. Violations in the society occur either due to misunderstanding or lack of awareness of the rights present in the constitution. Any form of violation is evaluated by the appropriate form of punishment offered. (Hand, 1965)

It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is

The rule of law is viewed as one of the main element that establishes good governance of a state. In United States

Law in society serves many purposes, the main of these are protecting liberties and rights, establishing standards, maintaining order, and resolving disputes. Since the CPPCG convened, the UN has

The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries ‘are paid from the Consolidated Fund’ and aren’t fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by

The courts are an important part of the government system. The ideas presented by them,

“The impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government;”

Judicial Independence is fundamental to democracy, it serves as a guarantor of the rule of law and separation of power . However, nothing is perfect. There is some defect regarding to the judicial independence and solution must be made to curb the weakness.

There is the Constitutional Court, which upholds the integrity of the constitution, decide how constitutional a law is, and to make amendments to it. The Superior Judicial Council’s job is to solve disputes between the other courts. Its judges are chosen by the other three courts and serve for an eight-year term. The Council of State is the highest court for civil law, and its judges are chosen from a selection of judges chosen by the Superior Judicial Council. The fourth and final court is the Supreme Court of Justice and is the highest criminal court, the judges are chosen the same as the Council of State and both groups of judges serve for four-year terms. All of the courts are as coequal as possible and intertwined as one can see in how they choose their judges.

For instance, if the parliament, acting on public opinion, was to make a law severely curbing the rights of some minority, the supreme court has the right to struck it down as unconstitutional, irrespective of the public support behind that law. This principle takes into account the notion that popular sentiments should not always be reflected in state policies, especially when they contradict the law. The process of judicial elections, however, is entirely based on public support as the basic legitimizing criteria for the justice system and fails to consider the fallibility of popular opinions. And, when judges are elected to their offices, the cannot work irrespective of public opinion which helped them gain their seat in the bench. Therefore, election of judges contradicts the basic principles of democracy as well as independence of the judiciary.

to the law. The rule of law often is stated to be one of the

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

The traditional method of providing justice has operated to close the doors of Courts to the poor and has caused denial of justice to millions of people. Only a person having ample of time and money is able to afford the services of the judiciary.