SECRET OF RULES AND BANGLADESH
" No free man will be taken or perhaps imprison or perhaps desseised or exiled or in any way demolished nor can we go or send for him, except under a lawful judgement of his peers and by the law of the land". --MAGNA EPISTOLA
This paper is a display of the notion of rule of law, Dicey's theory of 'Rule of Law', secret of rules in accurate and contemporary sense and rule of law in Bangladesh. In Bangladesh context I have talked about the procedures for guaranteeing rule of law in Bangladesh metabolism. I also have discussed the provisions of the cosmetic, which are contrary to the concept of regulation of regulation in Bangladesh. It has been likewise identified the difficulties of putting on rule of law in Bangladesh.
One of the basic principles of the British constitution is definitely the rule of law. This doctrine is definitely accepted in the constitution of U. S i9000. A. and also in the metabolism of Bangladesh. Now a days guideline of legislation is one of the the majority of discussed themes of producing countries. Developed countries and donor firms always instruct the developing countries for sustainable expansion and good governance. Actually sustainable advancement and good governance typically depends on the correct application of secret of legislation. Laws are produced for the welfare with the people, to create a balance in society, a harmony involving the conflicting forces in culture. One of the excellent objects of getting laws is always to maintain rules and purchase in world, a peaceful environment pertaining to the improvement of the persons. In true and true sense there is absolutely no rule of law in Bangladesh today. Law in Bangladesh follows a span of selective and discretionary application. Institution and procedures required for ensuring regulation of regulation also are not any effective in the country.
CONCEPT OF THE RULE OF LAW
The definition of 'Rule of Law' comes from the French expression 'La Principe de Legality' (the theory of legality) which referse to a government based on principles of legislation and not of men. Through this sense the idea of 'La Principe de Legality' was in opposition to arbitrary power. 1
The rule of law is usually old beginning. In thirteenth century Bracton, a assess in the reign of Holly III wrote-
" The king him self ought to be susceptible to God as well as the law, because law makes him king. " two
Edward Coke is said to be the originator with this concept, if he said that the king must be under Our god and rules and thus vindicated the supremacy of regulation over the pretensions of the professionals. Professor A. V. Dicey later developed on this strategy in his vintage book 'The Law Of The Constitution. ' published back in 1885. a few Dicey's notion of the guideline of rules contemplated the absence of vast powers inside the hands of government officials. Relating to him wherever there is desecration there exists room intended for arbitrainess. 4 The regulation of regulation is a viable and dynamic strategy and just like many other this kind of concepts, is not capable of virtually any exact explanation. Its easiest meaning is the fact everything should be done according to law, however in that sense it gives tiny comfort unless of course it also means that the law should never give the authorities too much power. The rule of law is opposed to the rule of arbitrary power. five The primary meaning of secret of regulation is that the ruler and the dominated must be susceptible to law without one is above the law and therefore accountable within the law. This implies the supremacy of law as well as the recognition the law to get law can not be capricious.
DICEY'S THEORY OF RULE OF LAW
Relating to Dicey, the regulation of law is one of the primary principles of the English metabolic rate he offered three meanings of the concept of rule of law.
1 ) Absence of Arbitrary Power or Supremacy of Law
Explain the first principle, Dicey states that rule of law means the absolute supremacy or predominance of regular legislation as...