1. “The Rule of Law
-with special reference to Bangladesh
Presentation On -

2. What is the Rule of Law?
There is a core definition that has near universal acceptance –
Most of the content of the rule of law can be summed up in two
points:
1. that the people should be ruled by the law and obey it and,
2. that the law should be such that people will be able to be guided
by it.
– Geoffrey de Q. Walker, The rule of law: foundation of constitutional democracy, (1st Ed., 1988).

3. Why is the Rule of Law Important for Society?
A country that adheres to the rule of law ensures that –
 The law is clear, known, and enforced.
 The Court system is independent and resolves disputes in a fair and public
manner.
 No person shall be arbitrarily arrested, imprisoned, or deprived of their
property.
 Punishment must be determined by a Court and be proportionate to the
offence.

4. Some Principles of the Rule of Law
 All laws should be prospective, open and clear.
 Laws should be relatively stable.
 The principles of natural justice must be observed.
 The courts should have review powers over the implementation of the other
principles.
 The courts should be easily accessible.
All the principals directly concern the system and method of government in
matters directly relevant to the rule of law.

5. Three Rules of Law:
The Rule of Law was summarized by Dicey as follows:
1. The Rule of Law states that “no man is punishable or can be lawfully made to
suffer in body or goods except for a distinct breach of law established in the
ordinary legal manner before the ordinary courts.”
2. In the second place, Rule of law means that, “no man is above law”. Every
man whatever his rank or condition, is subject to the ordinary law of the State
and amenable to the jurisdiction of ordinary tribunals.

6. Three Rules of Law:
3. In the third place, the Rule of Law is the result of statutes
and judicial decisions determining the rights of private
persons. Thus the constitutional law of the country follows
from the ordinary law of the land.

7. Three Rules of Law: (Comments & Criticism)
 The Rule of Law is therefore, no respecter of persons. It is applicable to
everybody (from Prime Minister to the convict, and from the millionaire to a
beggar). The judiciary must be independent and impartial if the Rule of Law can
mean anything real. Dicey observes that the rights of the citizens have been
protected by the ordinary law of the country and the Rule of Law.
 The three principles, which Dicey described in relation to the Rule of Law, have
been criticized by many jurists, including I. Jennings, H. Laski and W.A. Robson.

8. Sources of Law
There are numerous sources of law including:
 The Parliament and the Constitution.
 Presidential Orders, Ordinances, Promulgations
 Judicial Decisions, Decrees
 Other Sources

9. The Parliament and the Constitution
 Acts of Parliament, also called primary legislation. A draft Act of Parliament is
known as a bill. In territories with a Westminster system, most bills that have
any possibility of becoming law are introduced into parliament by the
government.
 A country's Constitution is a set of fundamental ground rules setting out the
powers of the different branches of government (i.e. executive, legislative and
judicial). The Constitution may also set out basic principles, such as
fundamental freedoms and rights.

10. Presidential Orders, Ordinances, Promulgations
 The power of Executive order allows the president to create laws and decide
how existing laws should be administered. The orders are official and
enforceable as soon as the president signs.
 Ordinances are temporary laws that are promulgated by the President on the
recommendation of the Union Cabinet. They can only be issued when
Parliament is not in session. They enable the government to take immediate
legislative action.
 Promulgation is the formal proclamation or declaration that a new statutory or
administrative law is enacted after its final approval.

11. Judicial Decisions, Decrees
 In some countries, Judicial Decisions are authoritative and develop into a
source of law known as “case law”.
 A decree is a rule of law usually issued by a head of state (such as the president
of a republic or a monarch), according to certain procedures. The particular
term used for this concept may vary from country to country.

12. Other Sources
There are a number of other sources of law:
 Edicts from a king or ruler
 In the case of certain Islamic countries, "Sharia law" in the form of
religious books.
 Religion: Muslim Law of Inheritance, Hindu Joint Family etc.
 Customs, Cultures, Social Norms.
-e.g. Kingship of Tribal Area

13. Rule of Law in Context of Bangladesh
 Rule of Law is one of the essential parts of a civilized society. In fact no civilized
modern nation cannot run without the implication of rule of law. Like every
independent civilized modern country, the rule of law is one of the basic
principles of the constitution of Bangladesh.
 In the constitution of Bangladesh, Rule of Law has its own place.

14. Rule of Law in Context of Bangladesh
 Our constitution has ensures laws while the judiciary have been set up to
ensure justice and fairness to the citizens. Unfortunately the legal system isn’t
the true reflection of the constitution.
 In reality, access to law as well as equality before it is reserved for only those
who are privileged. The rest of the population is the helpless victim who suffers
from the injustice suppression of the powerful.

15. Rule of Law in Context of Bangladesh
To enforce Rule of law, enforcement agencies are really important. But
unfortunately in Bangladesh law enforcement agencies don't have a good record
over human right cases. In fact they serve the government as enforcers and enjoy
the freedom to act arbitrarily and in the material interests of its own members.

16. The Special Power Act of 1974
The government of Bangladesh continues to use The Special Power Act of
1974 and section 54 of the criminal code which allow for arbitrary arrest
and preventive detention. Which in reality use as a weapon of suppression
towards political opponents and other citizens by detaining them without
formal charges.

17. What is a Constitution?
 A constitution is a written document that contains a set of rules for
a government. It defines the fundamental political principles, and
establishing the structure, procedures, powers and duties, of a
government.
 The term constitution can be applied to any overall law that defines
the functioning of a government.

18. The Constitution of Bangladesh
 In 16th December, 1971 Bangladesh makes a Decree of General Assembly in the
globe of the world. Disclosing as a sovereign state the necessity of a
constitution was very important.
 In 23rd March, 1972, the President declared the Decree of General Assembly. It
was the very first step to composing the Constitution of Bangladesh. The
General assembly was constituted within the 169 members of national
association and 300 members of international association. The assembly was
responsible to produce a permanent and complete Constitution for Bangladesh.

19. Major Features of Bangladesh Constitution
1. Fundamental Principle of State Policy
2. Unicameral Legislature
3. Written Document
4. Rigid Constitution
5. Preamble
6. Unitary Government
7. Fundamental Right
8. Independence of the Judiciary
9. Parliamentary form of government

20. General Hierarchy of Courts in Bangladesh
The general hierarchy includes both civil and criminal courts. At the
top hierarchy is the Supreme Court of Bangladesh. Article 94(1) of the
Constitution provides that there shall be a Supreme Court for
Bangladesh (to be known as the Supreme Court of Bangladesh)
comprising the Appellate Division and the High Court Division.

21. Conclusion
The present condition of rule of law in Bangladesh is not acceptable at all.
However, the proposed measures for overcoming the shortcomings of rule of law
also are not final but these are fundamental.
After all, government must be committed to ensure the security of life and
property of the people, protection of individual rights and the dissention of justice
on the basis of the equality and fairness.

22. Thank You