Jurisprudence Law at Bangladesh
Jurisprudence in the context of Bangladesh law refers to the philosophical and theoretical study of law. It deals with questions like: What is law? What are its purposes? How should laws be interpreted or applied? In Bangladesh, jurisprudence plays a foundational role in the interpretation, development, and implementation of law.
Here’s a brief overview of Jurisprudence in the legal system of Bangladesh:
🔹 1. Definition
Jurisprudence is the study of the nature, origin, and purposes of law. It is not a law itself, but a theoretical framework that guides how laws are made, understood, and enforced.
🔹 2. Sources of Law in Bangladesh
The legal system of Bangladesh is based on the common law tradition, inherited from the British colonial era. The key sources are:
The Constitution of Bangladesh (1972)
Statutory laws (laws passed by Parliament)
Judicial precedents (case law)
Customary laws (in personal matters like family law)
International law (when incorporated into domestic law)
🔹 3. Schools of Jurisprudence Influencing Bangladesh
Several classical schools of jurisprudence have influenced the legal thought in Bangladesh:
Natural Law – Law based on moral principles (e.g., justice, equality)
Analytical Positivism – Law as it is written (e.g., John Austin's theory of sovereignty)
Historical School – Law as a product of customs and traditions
Sociological Jurisprudence – Law should reflect social realities and serve social needs
Realism – Focus on how law is applied in courts rather than in texts
🔹 4. Application in Courts
Bangladeshi judges often apply jurisprudential principles when:
Interpreting the Constitution
Deciding cases involving fundamental rights
Filling gaps in written law
Harmonizing domestic law with international human rights norms
🔹 5. Key Areas of Jurisprudential Debate in Bangladesh
Judicial activism vs. judicial restraint
Interpretation of fundamental rights
Separation of powers
Application of Islamic jurisprudence in personal law
Development of environmental and public interest jurisprudence
RELATED Blog
0 comments