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Law Of Bangladesh
Bangladesh is a common law country, with its legal system inherited from the British during their colonial rule over British India. The region now known as Bangladesh was referred to as Bengal during both the British and Mughal periods, and by other names in earlier times. While religious and political institutions existed from ancient times, the Mughals were the first to recognise and formalize them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ...
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World Justice Project
The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index, a quantitative assessment tool that shows the extent to which countries adhere to the rule of law in practice. WJP's major activity is the World Justice Forum, a global gathering at which prominent leaders from all parts of the world and a variety of disciplines come together to articulate how the rule of law affects their disciplines and regions and to develop collaborative actions to strengthen the rule of law. WJP was founded by William H. Neukom and William C. Hubbard in 2006 as a presidential initiative of the American Bar Association and with the support of 21 partners. The World Justice Project became an independent 501(c)(3) non-profit organization in 2009. WJP Rule of Law Index The World Justice Project Rule of Law Index is a quantitative assessment ...
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Bench Trial
A bench trial is a trial by judge, as opposed to a jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman, Islamic) use bench trials for most or all cases or for certain types of cases. As a jury renders a verdict, in a bench trial, a judge does the same by making a finding. United Kingdom England and Wales Most civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge ( magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 of the Criminal Justice Act 2003 allows a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Scotland Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either the outer or inne ...
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Jury Trials
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ...
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Military Justice
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances. Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a substitute for civil authority, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced. Canada All Comm ...
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Internet Regulation
Mass media regulations or simply media regulations are a form of media policy with rules enforced by the jurisdiction of law. Guidelines for mass media use differ across the world. This regulation, via law, rules or procedures, can have various goals, for example intervention to protect a stated "public interest", or encouraging competition and an effective media market, or establishing common technical standards. The principal targets of mass media regulation are the press, radio and television, but may also include film, recorded music, cable, satellite, storage and distribution technology (discs, tapes etc.), the internet, mobile phones etc. It includes the regulation of independent media. Content regulation The transmission of content and intellectual property have attracted attention and regulation from authorities worldwide, due to the memetic nature and possible social impact of content sharing. The regulation of content may take the form of selective censorship of work ...
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Sedition
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition. Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary by jurisdiction. Roman origin In the later Roman Republic, () referred to the offence of collective disobedience toward a magistrate, which included both military mutiny and civilian mob action. Leading or instigating was punishable by death. Civil became frequent during the political crisis of the first century BCE, as populist politicians sought to chec ...
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Blasphemy Law In Bangladesh
The People's Republic of Bangladesh went from being a secular state in 1971 to having Islam as the state religion in 1988. Despite its state religion, Bangladesh uses a secular penal code dating from 1860—the time of the British occupation. The penal code discourages blasphemy by a section that forbids "hurting religious sentiments." Other laws permit the government to confiscate and to ban the publication of blasphemous material. Government officials, police, soldiers, and security forces may have discouraged blasphemy by extrajudicial actions including torture. Schools run by the government have Religious Studies in the curriculum. Laws Under Section 295A of Bangladesh's Penal Code (1860), any person who has a "deliberate" or "malicious" intention of "hurting religious sentiments" is liable to imprisonment. Under clauses 99(a), (b), (c), (d), (e), and (f) of The Code of Criminal Procedure, "the government may confiscate all copies of a newspaper if it publishes anything subver ...
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Special Powers Act, 1974
Special Powers Act, 1974 is an Act of parliament in Bangladesh. The law allows the government of Bangladesh to detain people indefinitely without bringing any formal charges against them. History The act was passed in 1974 to replace the Security Act of Pakistan 1952, the Public Safety Ordinance of 1958 and the Bangladesh Collaborators (Special Tribunals) Order, 1972. The law targets smuggling, hoarding, and damaging actions. The law allows the government to detain individuals on preventive ground. Awami League dominated Bangladesh Parliament passed the law on 9 February 1974. The Awami League was criticised for passing the law. The law was opposed by Ataur Rahman Khan and Abdus Sattar. Individuals can be detained up to six months without being charged and indefinitely if endorsed by the advisory board. Bangladesh Nationalist Party maintained it when they came to power despite promising to remove it in their election manifesto. Sheikh Hasina called for its removal but after bec ...
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