Article 35: Does it ensure Right to Fair Trial or Resemble?

Abstract

<p><em>Although the rule of law cuts across various policy fields and comprises political, constitutional, and legal as well as human rights issues, there is no absolute consensus on all its elements. In the first place, the rule of law was expressed as &ldquo;the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.&rdquo; Hence, the state has to establish an equitable legal system that ensures &lsquo;the right to a fair trial&rsquo; also known as 'fair administration of justice.' Although the Constitution of Bangladesh, in the preamble, pledged to secure a socialist society &ldquo;in which the rule of law, fundamental human rights and freedom, equality, and justice, political, economic and social, will be secured for all citizens,&rdquo; but it has curbed itself from assuring &ldquo;the right to a fair trial&rdquo; as one of the constitutional rights. Hence postulating that the right to a fair trial is one of the cardinal requirements of a democratic society abiding by the 'rule of law,' the paper examines whether &lsquo;the right to fair trial&rsquo; endorses a procedure for administrating a fair trial. Thereby, the paper first explores, whether &lsquo;the right to fair trial&rsquo; instigates any principal rights and privileges; secondly , giving special attention to Africa and EU practice, the paper examines whether these rights and privileges instigate a due process of law; and finally, discusses the rationales of assuring the right to a fair trial as a fundamental right. Eventually, by identifying the principle rights, the paper will manifest how these rights instigate indispensable obligations and accountability of the different stakeholders of the Judiciary. Additionally will evince how these rights can constitute the foundation of an equitable legal system endorsed by the 'rule of law'.</em></p>

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