Bangladesh supreme court and rule of law: Constitutional approach and practice
Md Milan Hossain
As an important organ of the State, the ultimate responsibility of the judiciary is to enforce and upgrade the rule of law in the country. For doing this, the judiciary is empowered to dispose of disputed matters among the litigants (between individual and individual, individuals and government) brought before the courts without any discrimination in the open courts in accordance with law or by law; and Bangladesh Supreme Court is the highest court constitutionally mandated and assigned to establish the rule of law and enforce citizens' rights. For the purpose of establishing the rule of law in the country, the highest court is empowered by the Constitution under Article 102 to examine the actions of the executive and legislature on the ground of ultra vires or arbitrary actions; even the Supreme Court can examine the functions of the judiciary itself under Articles 103, 105 and 109. But in doing this, the judiciary either higher or subordinate must be separate, independent and competent. The paper examines the role of the Supreme Court in establishing the rule of law in the country. For doing this, last ten years' courts dealing with writ and criminal matters and last one year of SC’s directions and verdicts are analyzed with a view to drawing an evaluation of its role on the issue. Another aim is to find out the existing problems and propose a solution.