A Critical Analysis of Judicial Enforceability of The Constitutional Rights in Bangladesh.

Abstract

The judicial enforceability of constitutional rights is pivotal in ensuring the protection and realization of fundamental liberties within a democratic society. This thesis critically examines the judicial enforceability of constitutional rights in Bangladesh, focusing on the role of the judiciary in upholding and safeguarding these rights. Bangladesh's Constitution guarantees an extensive range of rights, encompassing civil, political, social, and economic dimensions, which are essential for fostering a just and inclusive society. Through an in-depth analysis of relevant case law, scholarly literature, and comparative perspectives, this study investigates the challenges, accomplishments, and potential avenues for reform in the judicial enforceability of constitutional rights in Bangladesh. It explores the approaches adopted by the Bangladeshi judiciary in interpreting and applying constitutional provisions pertaining to human rights, highlights landmark cases and legal developments, and assesses the impact of judicial activism on the protection and enforcement of constitutional rights. The findings reveal that the judiciary in Bangladesh has played a crucial role in upholding constitutional rights, demonstrating a degree of activism in striking down unconstitutional laws, ensuring government accountability, and safeguarding political and civil liberties. However, challenges persist, including institutional constraints, case backlogs, limited access to justice for marginalized communities, and the need for continued judicial reforms to strengthen the effectiveness and efficiency of the justice system.To address these challenges and enhance the judicial enforceability of constitutional rights, this thesis proposes a set of comprehensive recommendations. These include measures to strengthen judicial independence, expedite justice delivery, promote alternative dispute resolution mechanisms, enhance legal aid programs, and foster collaboration among the judiciary, legal professionals, civil society organizations, and government agencies. Additionally, the importance of public awareness campaigns, legal education, and the alignment of domestic laws with international human rights standards are emphasized. By implementing these recommendations, Bangladesh can further strengthen the judicial enforceability of constitutional rights, thereby promoting social justice, equality, and the rule of law. This study contributes to the scholarly discourse on constitutional law, human rights, and judicial activism, providing valuable insights for policymakers, legal practitioners, and advocates seeking to advance the protection and enforcement of constitutional rights in Bangladesh