18  Constitutional doctrines: Bangladesh perspective

  1. Due process: This doctrine requires the government to follow fair and reasonable procedures when it takes specific actions that affect individuals’ rights and interests.
  2. Equal protection: This doctrine prohibits the government from discriminating against individuals or groups on the basis of specific protected characteristics, such as race, religion, and gender.
  3. Separation of powers: This doctrine divides the powers of government among the legislative, executive, and judicial branches, in order to prevent any one branch from becoming too powerful.
  4. Commerce clause: This doctrine gives the legislative the power to regulate interstate commerce, which includes trade between states and with foreign countries.
  5. Takings clause: This doctrine prohibits the government from taking private property for public use without just compensation.
  6. Tenth Amendment: This doctrine reserves certain powers and responsibilities for the states, and prohibits the federal government from exercising powers that are not specifically delegated to it in the Constitution.
  7. Substantive due process: This doctrine requires that government actions that affect fundamental rights must be justified by a compelling state interest.
  8. Procedural due process: This doctrine requires the government to follow fair and reasonable procedures when it takes certain actions that affect individuals’ rights and interests.
  9. Establishment clause: This clause, prohibits the government from establishing or promoting a particular religion.
  10. Preemption doctrine: This doctrine allows the government to preempt, or override, laws that are in conflict with state law.
  11. Immunity doctrine: This doctrine protects government officials and agencies from being sued for actions taken within the scope of their official duties.
  12. Qualified immunity: This doctrine protects government officials from civil liability for actions taken while performing their official duties, unless they violate clearly established rights.
  13. Sovereign immunity: This doctrine protects states from being sued in their own courts unless they have waived their immunity or law has specifically authorized such lawsuits.
  14. Stare decisis: This doctrine requires courts to follow precedent, or prior decisions, in order to promote consistency and predictability in the law.
  15. Vagueness doctrine: This doctrine requires that laws be clear and specific, so that individuals have notice of what is prohibited and can act accordingly.
  16. Void for vagueness doctrine: This doctrine holds that laws that are too vague or ambiguous are unconstitutional because they fail to provide adequate notice of what is prohibited and can lead to arbitrary and discriminatory enforcement.
  17. Standing doctrine: This doctrine determines who has the right to bring a lawsuit, and requires that a plaintiff have a concrete and particularized interest in the case.
  18. Mootness doctrine: This doctrine requires that a case must present a live controversy in order for a court to have the power to hear and decide it. If the issues in a case are no longer live, or if the parties no longer have a stake in the outcome, the case is considered moot and cannot be heard by a court.
Nayem Hasan Ovi
Criminal Lawyer in Bangladesh
nayemh2111@outlook.com
+8809638-748193

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