FUNDAMENTAL RIGHTS OF BANGLADESH CONSTITUTION: AN OVERVIEW

ABSTRACT

Rights in fact are those conditions of social life without which no man can seek in general to be himself at his best” (Laski). Every State is known by the rights that it maintains. The citizen, therefore, has claims upon the State and the State must therefore observe his rights by creating conditions which would develop his personality and enable him to be at his best so that he may also contribute whatever he can to the social welfare. But by possession of rights we do not mean the possession of claims that are empty of all duties for our rights are not independent of the rights of others.

The Fundamental Rights were intended to serve three important purposes, namely:

1. To prevent the Executive from acting arbitrarily;

2. To ensure some amount of security and protection to various types of minorities; and 3. To promote and foster social revolution by establishing the conditions necessary for achieving justice, social, economic and political. The immutability and permanence of the Fundamental Rights were sought to be established first on the reasoning that these rights are rooted in the doctrine of natural law and were, therefore, natural rights as expressed in the traditional parlance and secondly, on the ground that they have been given a place of permanence by the constitution within  its scheme

The term fundamental right is a technical one, for when certain human rights are written down in a constitution and protected by constitutional guarantees they are called fundamental rights. They are called fundamental rights in that sense that they are placed in the supreme or fundamental law of the land which has a supreme society over all other law of the land. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. the right to freedom of expression, assembly, association, movement and profession.

TABLE OF CONTENTS

DESCRIPTION	PAGES
CHAPTER ONE  INTRODUCTION
1.1 Introduction	01
1.2 Statement of Research Monograph	04
1.3 Research Question	05
1.4 Objective of the Study	05
1.5 Justification	06
1.6 Bangladesh at A Glance	06
1.7 Methodology of the study	07
1.8 Limitation of the work	07
CHAPTER-TWO Literature Review
2.1 What is Rights?	08
2.2 What are Human rights?	08
2.3 What are fundamental rights?	08
2.4 What is Islamic Human Rights	09
2.5 What is the Western Human Rights	10
2.6 Human Rights in Bangladesh	10
2.7 What is Islamic Human Rights	11
CHAPTER-THREE RIGHT TO FREEDOM OF EXPRESSION
3.1 Legal point of departure	15
3.2. Freedoms protected	16
3.3. Admissible restrictions	18
3.4. Political statements	20
CHAPTER FOUR: Constitutional Provisions of Fundamental Rights
4.1 Fundamental Rights in Bangladesh constitution	22
4.2 Supremacy of the Fundamental Rights	31
4.3 Imposition of Restriction over Fundamental Rights	31
4.4 The Enforcement of the Fundamental Rights	32
CHAPTER-FIVE EFFECT OF VIOLATION OF FUNDAMENTAL RIGHTS	34-35
CHAPTER -06 CRITICAL ANALYSIS
6.1 Prohibition of Foreign Title	36
6.2 Necessity in prohibiting foreign title.	37
6.3 Suspension of Fundamental Rights during emergency.	37
6.4 Amendment Relating to Enforce ability of Fundamental Rights	39
CHAPTER-07 Some Case studies On The Fundamental rights
Case Reference no.1	52
Case reference no 2	43
CHAPTER-08 Conclusion
8.1 Recommendation	45
9.2 Conclusion	46
Bibliography	47-51