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The article has caused significant judicial activism in Bangladesh. In the 1970s, Article 102 was employed by the courts to set a precedent for invalidating detentions under the Special Powers Act. The courts have struck down constitutional amendments and enforced democratic local government under Article 102.
Article 111 of the Constitution proclaims the doctrine of binding judicial precedent. According to the article, the law declared by the Supreme Court of Bangladesh, including its Appellate Division and the High Court Division, are binding in all subordinate courts. [166] Article 111 [135] makes Bangladesh an integral part of the common law world.
The jurisdiction of the High Court is described in Article 101 of the Constitution of Bangladesh. The High Court Division will deal with original cases, appeals and other judicial functions. Also, under Article 102 of the Constitution of Bangladesh, writ petitions and company and army divisions have original jurisdiction in certain limited ...
Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh is a case of the Appellate Division of the Supreme Court of Bangladesh. In a significant verdict in 2010, the court overturned the fifth amendment to the Constitution of Bangladesh made in 1979; and strengthened the secular democratic character of the Bangladeshi republic.
The fundamental rights of the people of Bangladesh have been namely guaranteed in Part III (Article 26-47) of the constitution of Bangladesh. [1] [2] [3] But the protection of fundamental rights under the Constitution has been inconsistent and that is why, during the period from 2009 to 2023 under the rule of the Awami League-led government, 2,699 people were victims of extrajudicial killings ...
The detention of Chanchal Sen, who had been taken away by the Rakki Bahini, was challenged by a writ petition, under Article 102 (2) (b) (i) of the Constitution by his mother, Aruna Sen. Writ petitions are an indirect system of judicial review in Bangladesh. After much effort, she learned that her son had been handed over to the Special Branch ...
In Bangladesh an unnoticed but quiet revolution took place on the question of locus standi after the introduction of the Constitution of the People's Republic of Bangladesh in 1972...From the language used in Article 102(1) of our Constitution, 'any person aggrieved' may move the High Court Division for enforcement of fundamental right ...
The Constitution (Eighth Amendment) Act, 1988 declared, among others, that Islam shall be state religion (Article 2A) and also decentralised the judiciary by setting up six permanent benches of the High Court Division outside Dhaka (Article 100). Anwar Hussain . Vs. Bangladesh [10] widely known as 8th Amendment case is a famous judgment in the ...