law making process of bangladesh
TRANSCRIPT
The Law Making Process of Bangladesh
Presented by
Md Riaz UddinGMPA, SKKU, Seoul
Overview of Presentation
• Country Profile• Branches of the Republic• Forms and Hierarchy of Government Laws• Provision in the Constitution• Law (Act) Making Process• Rules and Regulation Making Process• Some Example• Challenges
Country profileOfficial Name: The People's Republic of Bangladesh.Proclamation of Independence: 26 March, 1971.State Religion: The State religion is Islam, but the State shall ensure equal status and equal right in the practice of the other religions.State Language: Bangla.Capital: Dhaka.
Fundamental Principles of Constitution: Nationalism: The unity and solidarity of the Bangalee nation;Socialism: With a view to ensuring the attainment of equal society, free from the exploitation of man by man;Democracy and Human RightSecularism: Elimination of communalism, abuse of religion for political purposes, and any discrimination against persons practicing a particular religion.
Area: 147,570 sq. KM.Population: 160 Million.GDP per capita in current price: USD $1,309.00GDP per capita in PPP: USD $3,631.00
Branches of the Republic• The Executive:
– The President- Chief of the Republic.– The Prime Minister- Head of the government and chief of the Executive.– The Cabinet Ministers
• The Legislature:– 300 members directly elected from the various geographical constituencies. – 50 women who are elected by the MPs.
• Judiciary:– The Supreme court- the apex judicial body– The appellate courts– High court– Subordinate courts-civil courts, criminal courts, courts of session, courts of
magistrate, special courts.
Provision in the Constitution
• Article 7(2): This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.
• Article 65(1): There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic:Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye laws or other instruments having legislative effect.
Forms and Hierarchy of Administrative Legislation
Constitution
Act/Ordinance
Rules/Regulation
Order/ Circular/ Notification/ By-laws
Law (Act) Making Process
Law (Act) Making Process
This passed law is known as Act. Usually, in this Act there have
some provision to produce some Rules or Regulation or
Sometimes Both.
Rules and Regulation making processEvents Rules Regulation
Initiator Organization
Sector/Line Ministry Implementing Department
Cause of Initiation
Provision of ConstitutionObligation in Previous Act
Obligation in Previous Act
Drafting Interministrial Working Group
Professional Working Group
Validation Multilevel Stakeholder Workshop & Media
Consultation
Multilevel Stakeholder Workshop & Media
ConsultationSend to Sector/Line Ministry
- Send to Sector/Line Ministry
Vetting Send to Law Ministry for Vetting
Sector Ministry send to different Stakeholder Ministries including
Law MinistryApproval Minister of Relevant
Ministry or CabinetMinister of Sector
Ministry or Cabinet
Some Example
Acts Rules/RegulationThe Forest Act, 1927
(Sub-section 4&5 of Section 28A)
Social Forestry Rules, 2004
The Public Procurement Act, 2006
(Section 70)The Public Procurement Rules,
2008Constitution(Article 55(6)) Rules of Business, 1996
The Right to Information Act, 2009
(Section 33)(Section 34)
The Right to Information Rules, 2009
The Right to Information Regulation, 2010
The Water Act, 2013(Section 45) The Bangladesh water Rules,
2015 (Draft)
Challenges to implement the Administrative Legislation
• Weak implementation of the Rule of Law• Lake of Public Awareness• Improper Stakeholder Consultation• Political Unwillingness• Corruption• Limitation of Resources• Lack of Public Acceptance• Inadequate or Faulty Administrative Infrastructure• Absence of Incentive Mechanism