Rule of Law in Bangladesh

2189 Words Mar 9th, 2012 9 Pages
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
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Some aspects of the rule of law in our society and polity should be mentioned as under: First, access to law as well as equality before it, are reserved for only those who are privileged. For the rest of the population, more or less the Hobbsian law of nature prevails. They are the helpless victims of as unjust society that sets great story by privileges. Second, all government in this country since the falls of Ershad have claimed that there is independence of judiciary. The claim is only partially true, while the higher courts enjoy a certain measure of independence; the lower courts are under the direct control of the law ministry. The judges look up to the Ministry for everything infect they are obliged to. The principle of separation of judiciary from executive is being violated in two ways – 1. Magistrates are performing dual function of both executive and judiciary, which is not desirable in the interest of justice.

2. The service of district and session judges, their transfer, promotion etc. are controlled not by the Supreme Court but by the law ministry.

Third, The government of Bangladesh continued to use the Special Power Act of 1974 and section 54 of the criminal code, which allow for arbitrary arrest and preventive detention, to harass political opponents and other citizens by detaining them without formal charges. Fourth, The very principle that law should take its own course requires

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