Lecture- 01

Introduction to Legal
Environment of Bangladesh

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 Law & Legislation
Legislation Means the act or process of law making

Legislature The place where the law is made

Bangladesh Prepared by Parliament or Executive

Law order
Types of Legislation

Supreme legislation (eg: Subordinate legislation

Constitution) (eg: Contingent or 2
conditional legislation)
 What is “The Law”?
- A system of rules, usually enforced through a set
of institution
- Rules of permissible conduct, limits on allowable
conduct
- Not the same as a moral limit or rule, but is
supposed to be reflective of morals and
ethics
- But we all know there are many things that
you can do, but should not do.

The Law Ethics 3

 Definition of Law
Article- 152:
“Law” means any Act, ordinance, order, rule, regulation, bye-law,
notification or other legal environment, and any custom or usage, having the
force of law in Bangladesh

According to Domrdyhenes:
“Law is something which man ought to obey for many reasons and
chiefly because every law is both a discovery and a gift of God, and
teaching of wise men and setting right or wrong intended and not
intended, but also common agreement of the state according which
every one in the state ought to live”
According to Professor Holland:
“Law is the rule of external human action enforced by the sovereign political
authority”
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 Characteristics of Law
• A rule relating to the actions of human
beings
• Attempts to regulate the external actions of
human beings
• Enforced by the state

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 Objectives of Law
According to Sir William R. Anson:
The object of law is order and the result of
order is that men are enabled to look ahead
with some sort of security as to the future.
Although human action cannot be reduced to
the uniformities of nature, men have yet
endeavored to reproduce by law something
approaching to his uniformity
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 Rule of Law
• Is the legal principle that law should govern a
nation, as opposed to arbitrary decision by
individual decisions
• Refers to the influence and authority of law
within society, particularly as a constraint upon
behavior, including behavior of government
officials
Aristotle advocated the rule of law
It is more proper that law should govern than any one of the
citizens: upon the same principle, if it is advantageous to place
the supreme power in some particular persons, they should be 7

appointed to be only guardians, and the servants of the laws.

 Rule of Law
• The concept of equality of all persons before
law is the basis of the Rule of Law

• The Rule was summarized by Dicey : “Rule of

law in the United Kingdom is a core principle of
the way the country is governed”
Rule 1: Abolition of autocracy: “No man is above
law”. Dicey said: What is law legal right and legal
obligation for me-must hold equality as such for all
citizens
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 Rule of Law
Rule 2: Punishment subject to prove: “No man is
punishable or can be lawfully made to suffer in body
or goods except for a distinct breach of law
established in the ordinary legal manner before the
ordinary courts” ( Dicey)
Rule 3: Origin of Constitutional Laws: The rule of
Law is the result of statutes and judicial decisions
determining the rights of private persons. Thus the
constitutional law of the country follows from the
ordinary law of the land.
The phrase can be traced back to the 16th century England and it was
popularized in the 19th century by British jurist A.V. Dicey 9
 Criticism of Rules of Law

1. The emergence of Administrative Law

2. Economic Inequalities
3. The Supremacy of the Legislature

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 Classification of Law
Public Law (determines
& regulates the organization and
functioning of the state and its
relationship with the citizens’
Substantive Law(defines
rights or crimes) &
Procedural Law ( determines
the outlines the procedures of
litigation
Subordinate Law
(enacted by the subordinate
authority under the power delegated
to it by the supreme legislative
authority)
Public Law (implies the
body of rules which the states have
established in their mutual dealings
and relations)
National Law
(discusses with the domestic
matters of a particular state)
Law
International Law
(determine the conduct of the general
body of civilized state in their mutual
dealings)
Private Law
(determines and govern
the relations of citizens)
Special executive
Law (president may enact
law eg: order, rule etc.)
Supreme Law
(Bangladesh constitution is
the supreme law of the Land)
Private Law
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(discusses with the
relationship of the citizen of
one state with other)
 Terms
Act Is a law which is passed by the parliament (Article 65)

Ordinance The law which is promulgate by the President when the

parliament stands dissolved or is not in session ( Article-93)

Order A law which is promulgate by the president when there is

no constitution ( Laws continuance order, 10th April 1971)

Rule A law which shall mean a rule made in exercise of a power

conferred by any enactment and shall include a regulation
made as a rule under any enactment ( Section (3) 47 Of the
General Clauses Act 1897)

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Regulation A law which shall mean a regulation made by any person or
authority empowered under any constitutional instrument and in
force in Bangladesh (Section (3) 47 Of the General Clauses Act
1897)

Custom Is a rule of conduct which the governed observe spontaneously

and not in pursuance of law settled by a political superior
(Marriage Ceremony)

Usage The behavior of a particular society in respect of a particular

matter which they observe for long time spontaneously (Gaye
Holood)

Precedent The judicial decision which is passed by the superior court and
is binding upon the subordinate court (Article-11 of the
constitution judgment passed by the Appleate Division and
High Court Division is precedent)

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 Legal Systems
Civil Law • Derives from jus civile of Roman law
• The body of definite rules which are given in modern civil codes
• According to Salmond : “ the law of the state or the land, the law of
lawyers and the law of courts”
• Source: France , Germany, Italy, Spain and other continental countries
of Europe and also the countries of south and central America, Japan,
Turkey etc

Common • Derives from the law of England and of those countries which have
modeled their system on English Law
Law • According to Salmond: “ The common law is the entire body of English
law, the total corpus juris angliae with three exceptions namely (1)
Statute law, (2) equity, (3) special law in its various forms
• Also known as English, Anglo Saxon or Anglo American or Anglo Indian
law
• Consists of those rules which have been administered by common law
courts from time immemorial

Religious • The law which determines the religious of human beings through religion
• Eg: Muslim Law ( Islamic Sharia)
Law
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 Sources of Law
• Describe as the twilight of law which resides in habitual practice and usage. (1)
Custom antiquity (2) reasonableness (3) conformity with statutory law (4) observation as a
right (5) consistency with morality and public policy
• According to jurists : “every law is the gift of god and the decision of the sages”
Religion • In Bangladesh the Hindus and Muslims personal affairs are regulated by their
religion e.g. marriage, dower, gift etc.

• Means natural justice

Equity • In England there were three main courts : (1) The King’s Bench, (2) The
Court of common Pleas, (3) The exchequer
• Means the judge made law
Precedent • When there is no legislature on particular point which arises in changing conditions,
the judges depend on their own sense of right and wrong and decide the disputes.
Such decisions become authority or guide for subsequent cases of a similar nature
and they are called precedents
• It is more flexible than legislation and custom

Scientific • Influences and moulds the law

discussion of the • Influence of great writers like Glanvil, Bracton, Littleton,Coke, Chesire,
jurists Pollock,Salmond can be seen on English, French and American Law
• Parliament enacts the law
Legislation 15
Introduction to Commercial Law
Commercial • Known as business law
Law • the body of law that applies to the rights, relations,
and conduct of persons and businesses engaged in
commerce, merchandising, trade, and sales
• The body of law which governs business and
commercial transactions
• Considered to be a branch of civil law and deals
both with issues of private law and public law
• Includes: principal and agent, carriage by land and
sea, merchant shipping, guarantee, marine, fire, life
and accident insurance, bills of exchange and
partnership

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 Role of Law in Business
The ways in which the law affects business are as
numerous as the number of laws themselves
Enron, Worldcom, Tyco (Business structure)
Employees not paid overtime (Employment law)
The McDonald’s coffee spill (Torts)
Grace Inc. and “A Civil Action” (Environmental)
Limit of VOC content in underarm deodorant
(Product regulation)
Customer refuses to pay (Contracts)
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 What is Business?
• A system through which a person can earn money, gain
profit or make losses by investing his capital
• Types of Business
(1) Proprietorship business (licenses will be provided by the local
authorities e.g. Municipal corporation or Union Parishad)
(2) partnership business ( Partnership Act,1932)
(3) Company Business ( Company Act, 1994 or Bank Company’s Act
1991)
(4) Cooperative Buisiness (Cooperative Societies Act,2001)
(5) Non-profitable Business ( Society Registration Act,1860 or NGO’s
or trusts or Wakfs etc)
(6) State Owned business ( Various statutory Laws e.g. BTRC)
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 Types of Legal Situations

Transactional
Negotiation of contracts, purchases etc.
(these tend to occur in more informal settings)

Situational
Reactionary events such as claims made by someone else
against you or you against them.
(these tend to occur in more formal settings such as law suits,
criminal accusations, etc.)
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 Types of Law- Nature
Substantive Law vs
Defines rights and
duties
Ex: “You may not
drive greater than the
posted speed limit”
Procedural Law
Explains how to
make the law work
Ex: “To challenge a traffic
citation you must pay the
established bail amount
by the deadline and
indicate that you require a
hearing”
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 How the Bangladesh judiciary
functions?
Superior Judiciary Sub-ordinate Judiciary

Appellate High Court

Division Division

Civil Criminal Administrative

Jurisdiction Jurisdiction Jurisdiction
1.Court of District Judge 1.Administrative Appellate
2.Court of Additional District The Court of The Tribunal.
Judge Session Magistracy 2.Administrative Tribunal.
3.Court of Joint District Judge 3.The Electricity court.
4.Court of Senior Assistant The 4.House Rent Controller.
Judge The Executi 5.The settlement Court.
1. Court of
5.Court of Assistant Judge Session Judicial ve
6.The Land Appeal Board.
Magist
Judge Magistrate 7 The Labour Court
rate
2. Court of
Additional
Session Judge 1.Court of Chief Judicial Magistrate
3. Court of 2.Court of 1st Class Judicial Magistrate
Assistant 3.Court of 2nd Class Judicial Magistrate
Session Judge 4.Court of 3rd Class Judicial Magistrate 21
 Thank you
for your attention
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