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Enforcement of Fundamental Rights under
Bangladesh Constitution
Course Code: LLBH 119
Course Title: Legal System of Bangladesh
Presented to: Md. Abu Nayem Miazi
Assistant Professor
Department of Law
Green University of Bangladesh
Presented by: Azizul Islam
Student ID: 222911001
Department Of Law
Green University Of Bangladesh
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This Slide Contains
Introduction
Fundamental Rights under Bangladesh Constitution
Enforcement of Fundamental Rights under Bangladesh Constitution
Conclusion
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Fundamental Rights under Bangladesh Constitution
Rights
According to T.H. GREEB, "Rights
are powers necessary for the
fulfillment of man's vocation as a
moral being."
Human Rights
People Inherit several rights from
their birth. Like the right to life, right
to liberty and right to property. This
rights are the Human Rights.
Fundamental Rights
When certain human rights are
incorporated in a constitution of a
country and are protected by
constitutional guarantees, they
are called fundamental rights.
Fundamental Rights in the Constitution of Bangladesh
In the part II (Article 26-44) of Bangladesh Constitution guaranteed
rights under following sub-headings –
1. Rights to Equality.
2. Right to Protection of Low.
3. Safeguard as to Arrest and Determination.
4. Protection Against Forced Labour
5. Protection in Respect of Trial and Punishment.
6. Right to Freedom.
7. Right to Property B. Right to Enforce Fundamental Rights.
9. Saving For Certain Laws.
All these right may be simply divided into two groups;
1. Rights Granted to All Persons.
2. Rights Granted to Citizens of Bangladesh Only.
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Enforcement of Fundamental Rights under Bangladesh
Constitution
Article 8 of the Universal Declaration
of Human Rights
Every one has the right on an effective remedy
by the competent national tribunal for acts
violating the fundamental Rights granted him
By the constitution or by law.
Article 44 of the Bangladesh
Constitution
(1)The Right to move the High Court Division
in accordance with clouse (1) of article 102,
for the enforcement of the Rights conferred
by this part is guaranteed.
(2) Without prejudice to the powers of the
High Court Division, under article 102,
parliament may by law empower any other
court, within the local limits of its jurisdiction
to exercise all or any of those powers.
Enforcement of Fundamental Rights under Bangladesh
Constitution
The Right to constitutional remedy has two dimensions-
1. Judicial Review
2. Judicial Enforcement
Article 44 and 102 of the Bangladesh Constitution state
about these dimensions that-
If the Executive does anything in violation of Fundamental
Rights, the citizens must have a remedy through supreme
Court. Similar if the legislature enacts any law which is
inconsistent with any of the fundamental rights, there must
be procedure to declare that law unconstitutional.
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CONCLUSION
Sometimes the government is compelled to
violate the fundamental rights of the people
Bangladesh due to some unavoidable
circumstances. But it is the responsibility of the
government to limit the events to violate the
fundamental rights