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

Abstract

Fundamental Rights and Directive Principle are integral components of the same organic constitutional system. The relationship between Fundamental Rights and Directive Principles has been a matter of great debate and scrutiny since the commencement of the Constitution itself. The major difference between fundamental rights (contained in Part III of the Constitution) and directive principles (contained in Part II of the Constitution) is that while fundamental rights are justiciable, directive principles are non-justiciable. The question of relationship between the directive principles and the fundamental rights has caused some difficulty and the judicial attitude has undergone transformation on this question over time. An attempt has been made in this thesis to make distinctions between fundamental rights and directive principles of the state policy in the light of different justice interpretations given by the judiciar