The Constitutional Enforcement of the Fundamental Principles of State Policies: Bangladesh Perspective

Abstract

Constitution of the People‘s Republic of Bangladesh is the supreme law of the country that explicit the laws, rules and regulations, by which the State and its citizen shall be ruled. Aside from Part III of the Constitution of Bangladesh, and also some other human rights principles are found in Part II, as fundamental principles of state policy. Judicial hands are open in protecting those fundamental rights that are assured under Part III of the Constitution of Bangladesh. However, this rule is not apposite for the principles laid down in Part II of the Constitution. Judicial hands are tagged in respect of implementing those Fundamental Principles of State Policy. The ruler should also keep in mind that, those principles are the political pledges to the public at large, and should not be protected unimplemented for a long term of time. There is no one knows when the government will acquire the destination of complete implementation of the fundamental principles, as there are still a few unavoidable problems existent in the State. However, if the judiciary‘s hands cadavers tied in keeping human rights, government might not be willing to assure the fundamental rights, which might go in opposition to their own benefits, and the goal to acquire access to justice and support rule of law will be stay as dream. Why Economic Social and Cultural Rights are Enumerated in the Directive Principles State Policy? Nature and judicial enforceability of the Fundamental Principles of State Policy-