Comparative Constitutional Law- Justice Syed Refaat Ahmed
September 27, 2019
Hon’ble Justice Syed Rafat Ahmend, Judge Supreme Court of Bangladesh as key note speaker at South Asian Colloquium on Commonwealth Comparative Constitution and Public Law on 16th & 17th of January, 2018 organized at Lloyd Law College, Greater Noida, deliberated on the topic Comparative constitutional law and the present status in Bangladesh.
Hn’ble Justice stated that my focus will be on some jurisprudential notions that come into play in Justice delivery and how the practice is followed in Bangladesh. The preamble to the Constitution of Bangladesh “pledges that it shall be a fundamental aim of the State to realize through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens” Significantly however the constitution does not provide the definition for Rule of Law and what it strives for. This is emphasized not over emphasized through acknowledgement of evolving frontiers of Rule of Law. As Chief justices of England and Wale as observe the concept of rule of law and define the concept. I think they recognize the extreme difficulty of devising the definition suitable for rule of law in England. Better I found that much reasonably if thought that let judges to rule on what the term means. In this way a definition could be framed with reference to particular cases involving the concept of rule of law to suit new situations. Partially academic perspective constitutes a perspective that law stops where decree ends. Let the judges to take up functions within the modern day constitution concern to decide on the true proposition of law is regards to what the legislature may have said or termed the law in devising the statutes. Then identifying the true proposition of law judges can draw on interpretative concepts of political and personal morality like justice, equity and fairness. The sub total of these concepts ideally is reflected in our interpretation of legality and rule of law constituting the fundamental basis of democratic court that any proposition of valid law must aim at and it is an idea which internally reflects the aspiration of law. These are some of the ways from which aspirations and values may be retained: integrity, morality and fairness that judges must concern to maintain the nature of law.
Further, he appreciated and said that this is an excellent effort for enriching our jurisprudence not only our constitution but every branch of law of our country and other countries as well. Legal professional are required to adopt a approach that is transnational. The lawyers will be able to argue across the different jurisdictions and concluding his address congratulated Lloyd Law college, Top law college in noida, for such fruitful intaitive.
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