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Sunday, February 14, 2016

Is Rule of Law against Bangladesh Constitution ?

Provisions for and against the rule of law in the Constitution of Bangladesh

Rule of law means, the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness. The general conception of the rule of law has become crystallized with professor Dicey’s usage of that phrase in his work ‘the law of the Constitution’ first published in 1885. He first stated that the rule of law was one of the essential features of the Constitution. The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. This principle of rule of law has three general principles, to establish rule of law in a country government should execute following principles:
1.      Absence of arbitrary power, because rule of law requires supremacy of Constitution and others Ordinary laws before the influence of arbitrary power of executive authorities.
2.       Equality before law to the all classes of people. No man is above the law, and the officials are like private citizens under duty to obey the same law. There can be no special court or tribunal for the state officials.
3.      Constitution is the result of the Ordinary law of land.

Accordingly, Bangladesh recognises rule of law as a basic feature of its Constitution.  In Anwar Hussain Chowdhury v Bangladesh 1989 BLD, the Supreme Court of Bangladesh recognised the rule of law as one of the basic features of the Constitution.  In spite of this, there have been many contradictory provisions in the Constitution that go against rule of law.  We aim to identify the relevant provisions of the Constitution ensuring rule of law and then we will attempt to analyse the contradictory provisions of the Constitution that go against the concept of rule of law.