The current laws of Bangladesh mirror their Western
origins, but maintain their own cultural and religious values. A recent change
in the laws of Bangladesh
separated the judicial branch from the executive, aiding the further removal of
political corruption. Although the laws of the Bangladesh constitution inspire
high-minded ideas of democracy and freedom, many citizens simply do not have
access to these protections and have no idea of their guaranteed rights.
Similar to the American Bill of Rights, the laws
of Bangladesh
enumerate 23 fundamental rights, most of which are covered in the American
Constitution or subsequent legal jurisprudence. Many Muslim leaders feel that
democracy contradicts the laws of religion, but Bangladesh has managed to maintain
their form of parliamentary democracy while observing their religion
obligations. Some laws of Bangladesh
included in the 23 fundamental rights are; the right to property, protection of
right to life and personal liberty, and equality before law.
The judiciary system relies on a Supreme Court as
its highest court to deliberate on the laws of Bangladesh. Until recently, the
executive branch wielded great control over the Supreme Court making it a
political body subjected to posturing and corruption. The great writers on
democracy consistently recognized the necessity of a separate judicial branch
to objectively rule on the laws of the land. The Bangladesh constitution originally
intended for this separation, but as a result of widespread corruption, elected
leaders sought to control this wing of government as well.
Widespread poverty and illiteracy limits the
ability for the Constitution to guarantee equal protection of law to all Bangladesh
citizens. The problem does not rest in the intent of the document, but the lack
of trust the citizens have in governmental officials and law enforcement.
Underlying the laws of Bangladesh
is an insurgence of corruption that leaks injustice and favoritism, creating
the perpetual sense of distrust.
The Bangladesh legal system’s Western
roots come from the English, as the core of South Asian governmental
infrastructure was created over the 300 year span of British colonialism.
Instead of disposing of all draconian colonist thinking that contains inherent
racism and disregard, the textual laws of Bangladesh integrate the Western
philosophy of democracy with their values. As a document, the Bangladesh
Constitution offers a mix of nationalism and individual freedom that resembles
the historical struggles. Yet, in practice, the laws of Bangladesh fail
to sift out incessant corruption and deliver equality to every citizen.
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