Prepared for Ahmed Fakhrul Alam Professor Department of Marketing(EMBA) University of Dhaka Group members 1.Md.

Tanvir Ibna Harun ( 40916005) 2. Mohammad Ali Asgor Mojumder (40916037) 3. Md. Tamim Jahan(40814031) 4. Md. Imranul Islam (40814017) 5. Kazi Mozaher Hossein (40814036)

One of the prime objects of making laws is to maintain law and order in society. a harmony between the conflicting forces in society.A. a peaceful environment for the progress of the people. to bring a balance in society.S. This doctrine is accepted in the constitution of U. British and also in the constitution of Bangladesh. Institution and procedures required for ensuring rule of law also are no effective in the country. Now a day’s rule of law is one of the most discussed subjects of developing countries.. Laws are made for the welfare of the people. . Actually sustainable development and good governance mostly depends on the proper application of rule of law.One of the basic principles of the English constitution is the rule of Inroduction law. Law in Bangladesh follows a course of selective and discretionary application. In true and real sense there is no rule of law in Bangladesh today.

because law makes him king. In thirteenth century Bracton.  The rule of law is opposed to the rule of arbitrary power. a judge in the reign of Henry III wrote- "The king himself ought to be subject to God and the law.  The rule of law is old origin.  It implies the supremacy of law and the recognition that the law to be law cannot be capricious. In this sense the concept of 'La Principe de Legality' was opposed to arbitrary powers. ."  The rule of law is a viable and dynamic concept and like many other such concepts. is not capable of any exact definition.CONCEPT OF THE RULE OF LAW  The term 'Rule of Law' is derived from the French phrase 'La Principe de Legality' (the principle of legality) which refers to a government based on principles of law and not of men.

) 2. Equality before Law (the equality of law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. 1.) 3.DICEY'S THEORY OF RULE OF LAW  According to Dicey. Constitution is the result of the ordinary law of the land (the general principles of the constitution are the result of judicial decision of the courts in England. Absence of Arbitrary Power or Supremacy of Law (the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. the rule of law is one of the fundamental principles of the English constitution he gave three meanings of the concept of rule of law.) .

An independent judiciary. The common law methodology. law based on standards and the importance of procedures.Characteristic of the rule of law The supremacy of law. An underlying moral basis for all law. . Restrictions on the exercise of discretionary power. The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive. Legislation should be prospective and not retrospective. The doctrine of judicial precedent. A concept of justice which emphasises interpersonal adjudication. which means that all persons (individuals and government) are subject to law.

President. (muslim law.).) Precedent (Precedent is a previous instance or case which is. King/Queen etc.SOURCES OF LAW Custom –it can be define by the particular social settings.) Opinions of experts . or may be taken as an example of rule for subsequent cases) Legislation (Promulgation of legal rules by an authority which has the power to do so. Also known as Supreme Legislation.. Legislatures. hindu law…. Governor.) Morals and equity (Common law and equity are legal systems where decisions by courts are explicitly acknowledged to be legal sources. (Parliament.

however. and its meaning can vary between different nations and legal traditions. it can be understood as a legal-political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions.  Generally. .What is the Rule of Law? The rule of law does not have a precise definition.  In the most basic sense. the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.

For example. Laws should be written with reasonable clarity to avoid unfair enforcement. the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed.  7.  6.  3. law also must allow for timely revision when the underlying social and political circumstances have changed. Law must not command the impossible.  4.  5.Fuller stated the following:  1. Law must stay constant through time to allow the formalization of rules. including government officials. Elements of the Rule of Law Laws must exist and those laws should be obeyed by all.  8. . Laws must be published.  2. however. Official action should be consistent with the declared rule. Law must avoid contradictions.

The rule of law also serves as an important assurance of social rights and government accountability. Law is important to the market economy because it is the common basis on which parties can make agreements.The Rule of Law and Development Modern economic development often comes with the introduction of a market economy. allowing those participants to fully exercise their rights in relation to land. The rule of law thus assures market participants that the government will adopt a hands-off approach to investments and production. The rule of law helps set the “rules of the game” in critical areas such as investments. and contracts. labor and capital. property. . it provides parties with confidence that disputes can be resolved efficiently and fairly.

in the early 1990s the World Bank and the International Monetary Fund (IMF) began conditioning financial assistance on the implementation of the rule of law in recipient countries. .” Economic reforms have generated a large number of new economic laws in developing countries. Institutional Encouragement on the Global Level To encourage additional country-specific development. Legal Rules Another important rule-of-law reform goal is to build the legal rules. As Fuller stated. “laws must exist.Important Components of Rule-ofLaw Reforms Court Reforms The efficiency of the courts is an important component in rule-of-law reforms as the existence of a judiciary is a fundamental aspect of the rule of law.

 the system creates a ruling elite that has the power to manipulate through the law. as being a form of subtle blackmail.  The absence of predetermined outcomes coupled with the possible influence of the ruling elite means that the obligations of equality and predictability that the rule of law imposes are impossible to achieve. to some extent. in a society. Because Western societies generally control access to the global market.  The transplantation of economic laws is still often criticized. or the ruler. Law & Development: Legal Transplantation  The term “legal transplantation” describes the phenomenon of borrowing legal rules from other countries. Additional Limits of the Rule of Law  Laws are often incapable of providing definitive standards of behavior because of their complex structures and unavoidable ambiguities in language. As an ideal. . the rule of law stands for the proposition that no person or particular branch of government may rise above rules made by elected political officials.  the rule of law may not be tied to general notions of justice or fairness. however. developing nations must adopt the developed nations’ laws and understandings of the rule of law in order to engage effectively in global economic activity.Criticisms of the Rule of Law Law as the Ruling Standard  The very term “rule of law” suggests that the law itself is the sovereign.

For the rest of the population.  Second. The claim is only partially true.  Third. are controlled not by the supreme. the lower courts are under the direct control of the law ministry. They are the helpless victims of as unjust society that sets great story by privileges. access to law as well as equality before it. 2. while the higher courts enjoy a certain measure of independence.court but by the law ministry. promotion etc. all government in this country since the fall of Ershad have claimed that there is independence of judiciary.RULE OF LAW IN BANGLADESH  First. are reserved for only those who are privileged. The principle of separation of judiciary from executive is being violated in two ways 1. The service of district and session judges. The government of Bangladesh continued to use the Special Power Act of 1974 and section 54 of the criminal code which allow for arbitrary arrest and preventive detention. more or less the Hobbsian law of nature prevails. their transfer. . Magistrates are performing dual function of both executive and judiciary which is not desirable in the interest of justice. to harass political opponents and other citizens by detaining them without formal charges.

RULE OF LAW IN BANGLADESH(cont…. But article 93 of the constitution allows the president to promulgate ordinances anytime during the recesses of parliament session. But in Bangladesh. Another aspect of rule of law relates to the limits of law making power of the parliament itself. . the police has never been friendly with the public. national clamity severe economic deflection etc.  Seventh. Our constitution quite rightly declares the people as the repository of all power and they use it through their elected representatives. Ordinance making power can be supported only in emergency situation like national crisis. the investigating agency should be free from. demanding for immediate legislative actions.  Eighth. encumbrances influences and threats of all kinds.  Fifth. The very principle that law should take its own course requires that in investigation and preparation and submission of the charge sheet. Rule of law postulates intelligence without passion and reason free from desire in any decision regarding matters concerned with governance.)  Fourth.  Sixth. Police is no doubt a very powerful institution for the endorsement of the rule of law.

a costly commodity in our country.RULE OF LAW IN BANGLADESH(Cont…) Ninth. Another disgusting aspect of our judicial system is that there is the charge of corruption against our judiciary. justices oftener than not. In order to provide quick relief and avoid lengthy proceedings of litigation providing for the creation of Administrative Tribunal particularly for service matters which needs special treatment and experience is not undemocratic something. . Moreover. Tenth.

social structure. and international politics. the rule of law is also a matter of policymaking. the rule of law is a complicated theory. the rule of law is more than just a set of rules and their judicial application. .  On the other extreme. an in-depth understanding of the theory must include the law’s interaction with language. history. As much as it embodies politics and the ideals of democracy. Importantly. the opposition. 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. institutional development. and culture. As a much-advocated theory in development studies. civil society and social groups and organizations also have the moral obligations to help and cooperate with the government in this juncture.Conclusion  As evidenced by the failure to arrive at a precise definition.  Independent and particular policy for rule of law is a must for overcoming the ambiguity and anomalies in rule of law. After all.  Above discussions clearly shows that the present condition of rule of law in Bangladesh is not satisfactory.

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