5. What is preamble
A preamble is an introductory and
expressionary statement in a document that
explains the document's purpose and
underlying philosophy. When applied to the
opening paragraphs of a statute, it may recite
historical facts pertinent to the subject of the
statute. It is distinct from the long title or
enacting formula of a law.
6. Is it a part of Constitution
• Important Part of the constitution (See Article
7B)
• It is pole-star of constitution
• It is basic structure of constitution
[Anwar Hossain Chowdhury v Bangladesh 41
DLR (AD )165]
7. operative part?
• Traditionally, it is not considered to be an
operative part. (Berubari Case)
(Reasons: Not essential for maintaining
constitutional fabric, not a source of power & it
is not mandatory to have a preamble in any
statute)
Powell vs kempton park race course co.
Lord halsbury say…….
8. Keshavananda Bharati v State of Kerala (AIR
1973 SC 1461): It is an operative part
Anwar Hossain Chowdhury v Bangladesh{ 41
DLR (AD)165}: Operative part
9. SIGNIFICANCE OF THE PREAMBLE
The Preamble bears no legal significance, but it has other important
significance which is sometimes more than the legal importance.
• Great interpretative value and reflection of basic philosophy behind.
• If any provision offers two or more meaning, preamble can be used
to choose the appropriate meaning.
• If the language is clear and unambiguous, it can’t be used to modify
the language of the constitution.
• But a principle laid down in the constitution may not be followed
and that action cannot be attacked simply on the ground of violation
of preamble.
• It comes only to aid only when it is challenged on any other
substantive provision of the constitution.
Monday, February 20, 2017
Constitutional Law of Bangladesh |
Presentation by ARNAB/PCIU/LLB00305037
9
10. The preamble or the philosophy of
the Bangladesh Constitution
• It is law full base of constitution
“we the people of Bangladesh…..”
• it is command moral base of constitution
“our sacred duty to safegard,protection and
defend this……….”
• It determines the aim of state
“it shall be fundamental aim of state to realise
……..”
11. Preamble of WTO
• Raising standard of living
• Ensuring full employment
• Real income and effective demand
• Expanding the production of trade in goods
and services
• Optimal use of world resources
• Sustainable development
• Protection and preservation of the
environment
12. • Ensuring the development of the developing
countries and their growth in international
trade.
• Sustainable reduction of tariffs and other
barriers to trade.
• Elimination of discriminatory treatment.
• To develop an integrated ,viable and durable
in multilateral trading system and
• Presentation of the basic principles of
multinational trading.
13. Principals of the WTO
• Most favored nation(MFN) treatment.
• National treatment.
• Protection through tariffs.
• Bound tariffs.
14. WTO guidelines
• Trade without discrimination.
• Predictable and growing market access.
• Promoting fair competition, and
• Encouraging development and economic
reform.
15. STRUCTURES OF WTO
Ministerial Conference
General Council
Dispute
Settlement Body
Trade Policy
Review Body
Goods Council
Intellectual
Property Council
Services Council
The Committee
on T&D and
T&E