Fundamental Rights Enshrined in the Constitution of Bangladesh: A critical appraisal from the perspective of Judicial Enforcement.

Abstract

This research is about the Fundamental Rights enshrined in the constitution of Bangladesh: a critical appraisal from the perspective of judicial enforcement. In this research paper we explore the fundamental rights enshrined in the constitution of Bangladesh and we focuses on the fundamental rights enshrined in the constitution of Bangladesh and critical appraisal from the perspective of judicial enforcement. Rights are primarily divided into two categories—moral rights and 1ega1 rights. Moral rights are those rights which have their basis on the rule of natural justice and the violation of which results in moral wrong. Legal rights, on the other hand, are those rights which are recognized by the positive law of the country and can be claimed on legal basis and the violation of which results in legal wrong. As mentioned earlier right originates in the society and remains as a moral right so long it is not recognized by law. Whenever a law recognizes it and secures its protection, it transforms into a legal right. All legal rights in this sense are moral rights and the distinction between the two is one of degree rather than of form. This dissertation is focused on the fundamental rights in the Constitution of Bangladesh. This dissertation Corley tries to analysis critically few fundamental rights like prohibition of foreign title, suspension of fundamental rights during emergency. Some cases regarding this rights also been studied in this dissertation. Finally some recommendations have been placed.