expr:class='"loading" + data:blog.mobileClass'>

Saturday, January 26, 2013

What are the Salient Features of the Constitution of Bangladesh ?

Salient Features of the Constitution of Bangladesh:
The original constitution was made in 1972 and it amended 15 times. It embodied some fundamental and basic features or characteristics.  These features are as follows:

Written Constitution:
The Constitution of The People’s Republic of Bangladesh is a written one, and has a formal document.  With 153 articles, 7 schedules, 10 parts and 1 preamble. All provision where we go, that’s written down here.

Rigid Constitution:
The constitution of Bangladesh is a rigid one. It cannot amend by the ordinary law making procedure, and it very difficult to modify or change. Only vote of two third majority of parliament member can amend this constitution.

The constitution of Bangladesh starts with a preamble. This is called as the guiding star or moral basis of the constitution. Preamble lays down the most important national goals such as Democracy, Socialism, Nationalism and Secularism.

Supremacy of the Constitution:
Constitutional supremacy has been ensured in the constitution of Bangladesh. Article 7 provided that “this constitution is the supreme law of the republic”. And it is the fundamental law of the country, in any other law is inconsistent with this constitution that other law shall be void.

Unitary Government System:
Article 1 of the constitution provide that “Bangladesh is a unitary peoples republic as opposed to federal republic. And all power under the constitution.” In unitary Gov. system constitution is central power of the state.

Unicameral Legislature:
Articles 65 of the constitution provide a unicameral legislature for Bangladesh. It is only one house to be known as the ‘House of Nation’. (এক কক্ষ বিশেষ্ঠ পার্লামেন্ট)

Directive Principle:
Part II, Article 8 to 25 of the constitution provides the directive principle (fundamental principle of state policy). The main principles are: - Nationalism, Socialism, Democracy, secularism. Government must ensure these principles on their governing policy.

Fundamental Right:
Fundamental rights are absolute rights a citizen of a country. Part III and Article 27 to 44 of the constitution provide 18 fundamental rights such as equality before law, equality of opportunity in public employment, right to protection of law, protection of right to life and personal liberty, freedom of movement, freedom of thought etc. Fundamental rights protected by the constitutional guarantee.  If executive violate these rights the defendant can go Supreme Court for remedy according to under Article 44 of this constitution.

Parliamentary From of government:
The constitution of Bangladesh provides a Westminster type of parliamentary system. In other word cabinet from of government.

Independence of judiciary:

Part V, Article 77 of the constitution provides a ombudsman system to overview the activities of civil bureaucracy, to eradicate corruption in the administration and to ensure the responsibility of the government. But till now this office has not yet been implemented in Bangladesh.

Responsible Government:

Classification or what are the types of Constitution?

Written & Un written Constitution :

Written constitution:
      1.    written Constitution are seat out in an actual document.
      2.    Written Constitution is one which the fundamental principles concerning state        administration are embodied and which has specific document. So written constitution can be produce and shown single document.

Example: The Constitution of Bangladesh, India and Pakistan are written.

Un-written Constitution
      1.    An unmodified or unwritten Constitution is a constitution in which no formal document delineates the power of a government.
      2.    Un written constitution has not been passed formally as a specific document by specific body and fundamental principle concerning state administration exist in political custom, judicial decision and some written document.

Example: The British Constitution is unwritten one.

Sunday, January 6, 2013

Short note : person

according to Roman law a person was clothed right and obligation. whereas in Rome a slave had no rights and obligation therefore slave are not regarded a person but a thing. person are divided into two types—
                         I.            one is Natural
                       II.            other is Artificial

A nutural person may be considred under the following division—
o   Is the person free (libertas) or slave .
o   If he libertas, is he bron free (ingenui), or made free (libertini)
o   Is he a citizen (civitas) or a non-citizen.
o   Is he sui juris (independent person), or alieni juris (dependent person).
  • if he sui juris, is he fully independent, or is he under a tutor or curator.

The Legal Condition of Slave

The Legal Condition of Slave :

According to jus civile a slave was a res (property) or chattels and not a Person. Slave were sold an a open-market a large portion of the wealth of the Romans consisted of slave. They were under the power of their owner or master. who had absolute or supreme control of their life, their industry, and their labor and a slave cannot make any property which slave are acquired belonged to their master.

The owner or master transfer slave like his property, goods, or like as a chattels by sale, gift or legacy to any one he pleased.

The slave had no political or civil right. they were neither legally bound by any obligation nor could they bind others. the owner or master has the absolute power of the life and death over the slave. the power of the owner or master over his slave was spoken of as the dominica potestas.