| dc.description.abstract | The protection of economic, social and cultural (ESC) rights by the constitution is one of the most
common features of the modern world. In most cases, these rights though incorporated in the
constitution are termed as ‘principles’ making them unenforceable by the judiciary. There is debate
about whether these rights should be given the same status as civil and political rights. The
constitution of the People’s Republic of Bangladesh also contains ESC rights terming as
fundamental principles of state policy in part two and these rights cannot be enforced judicially
according to Article 8 (2). They will be fundamental in governing the state of Bangladesh. The
state shall apply them while making laws and the court shall take them as a guide while interpreting
the constitution and other domestic laws. Despite the bar by the constitution, the Supreme Court
of the country while enforcing fundamental rights is enforcing rights which are predominantly
economic, social and cultural. In recent years, activism from the Supreme Court has been
noticeable as to indirect enforcement while enforcing ‘rights to life’ and ‘right to protection of law
and liberty’. The judiciary is considered the protector and promoter of an individual’s human rights
in a civilized society. If the hands of the judiciary are tied tightly, the government might not take
any action that will go against their interest but should be taken to protect citizen's basic human
rights. This thesis paper aims to investigate how much the Supreme Court of Bangladesh has
applied Fundamental Principles of State Policy in its judicial decisions to explore and evaluate the
narratives by the courts, and to get a brief illustration of the long judicial practice, from the past
stretching up to present and perhaps in the future concerning enforcement of economic, social and
cultural rights in Bangladeshi courts. The paper will examine the appropriateness of extending the
meaning of fundamental rights to cover fundamental principles | en_US |
