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Judicial precedent is enshrined in Bangladesh's Constitution under Article 111, [7] which makes Bangladesh an integral part of the common law world. Judicial review is also supported by the Constitution. It was adopted by the Constituent Assembly of Bangladesh on 4 November 1972 and became effective on 16 December 1972.
Judicial review in Bangladesh. The term judicial review is not expressly used in Bangladeshi law, but Article 102 of the Constitution of Bangladesh allows writ petitions to be filed at the High Court Division for reviewing the actions of public authorities, or suspending proceedings in lower courts. The article has caused significant judicial ...
The fundamental rights of the people of Bangladesh have been guaranteed in Part III (Article 26-47) of the constitution of Bangladesh. [1] [2] [3] All past laws inconsistent with these rights are made void by the Constitution, and it directs the State not to make any law inconsistent with these rights.
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 ...
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 ...
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 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 ...
The Supreme Court held that the principles of natural justice are inherently universal. It further observed that according to the third paragraph of the Preamble of the Constitution, the fundamental aim of the state is a society in which the "rule of law, fundamental human rights and freedom, equality and justice, political, economic and social shall be secured".