LAW101

Saquib Rahman
LL.M. (University of Warwick)
WHAT DO YOU UNDERSTAND BY LAW?

Does your definition differ from another?

 A general term that has different meaning for different
people.

 A set of rules for ordinary citizens

 Vocation for lawyers

 A creation for law makers or legislators

 Guiding principles in decision making for a judge

 So how is law different from other kinds of rules?

 Law is enforceable by the courts, which regulate the
government of the state and govern the relationship
between the state and its citizens and between one
citizen and another.
 “A rule that can be enforced by the courts”- McInnes,
Kerr, and Van Duzer

 “The body of rules that can be enforced by the courts or

by other government agencies.”- Yates
 “a set of rules and principles intended to guide conduct
in society, primarily by protecting persons and their
property; facilitating personal and commercial
interactions; and providing mechanisms for dispute
recognition.”- Smyth, Soberman, Easson
 “set standards of behaviour that are enforced by
government, and also by individuals and groups with the
help of government.”- McGill
 The law of a state is a necessary tool for peace, order and
civilization. It imparts uniformity and certainty to the
application by the judiciary. The law is certain and
predetermined and as such people can know beforehand
their respective rights and liabilities and can thus adjust
their conduct in their relationship towards each other.

 Ignorance of law is no excuse in the Court of Law.

WHAT ARE THE SOURCES OF LAW?
 - Constitution of the People’s Republic of Bangladesh -
Highest Law of the Land; all other laws must be made
subject to the constitution. In more precise terms other
laws of the land must not contravene the provisions of
the constitution, if they do the constitution will prevail
and the other law will be declared void.
 Legislation/ Acts of the parliament

 Delegated Legislation

 Customary Laws

 Judicial Decisions/ Case Precedents

 Legislation-
 Bill (through the relevant Ministry)

 Parliamentary debate on proposed law

 President has to assent

 Must be advertised in the gazette

 Thank you