Rule of law in the Constitution of Bangladesh: An overview

Abstract

This study examines the rule of law in Bangladesh within its constitutional context, focusing on its historical evolution, current challenges, and the disparity between legal theory and practice. It begins by examining the selective application of the rule of law in Bangladesh, tracing its development from colonial times to the present. The study critically analyzes the constitutional provisions for the rule of law, highlighting the interplay with democratic principles and human rights. It reveals significant gaps in the practical enforcement of these principles, marked by judicial inefficiencies, political influences, and limited access to justice. Through case studies, the study illustrates the real-world application of constitutional principles, addressing issues like extrajudicial punishments and the need for legal aid. Concluding with a synthesis of findings and recommendations, the study emphasizes the need for reforms to enhance judicial independence, legislative effectiveness, and access to justice, aiming to align Bangladesh's governance with its constitutional ideals and ensure a just and equitable society.