political stability and law and order. Governments took the opportunities of the ambiguities of the terms and order’, interest’, of the country’ etc, to achieve their ‘Law ‘Public ‘Security own political goals or to hide truths from public. Discretionary powers and its abuse: As now State transformed itself as a welfare State and state functions are increased, so discretionary powers are given to the executive authorities to meet urgency, necessity and speediness of the actions and to overcome the lengthy and complicated processes of legislature and judiciary. But often these discretionary powers are being misused and it became a practice now. In two decisions of the Appellate division, 54 DLR (AD) 130 and Ekushey Television Ltd. V. Dr.Chowdhury Mahmood Hasan, Hyundai 54 DLR (AD) 88, lack of transparency in the activities of the Corporation v. Sumikin Bussan, executive authority or other public functionaries was held to be a ground for interference in writ jurisdiction. The court reasoned that no public functionary acting in purported exercise of authority under any provision of law or Constitution has an unfettered discretion and therefore cannot act arbitrarily. Arbitrariness is the anti-thesis of rule of law and equality clause of article.27 of the Constitution. Weak Implementation of Separation of powers: The Bangladesh Constitution provided for separation of powers between the three organs of the State-executive, legislature and judiciary. No one organ could transgress the limits set by the constitution. Though delegated legislation is permitted, but necessary guidelines on behalf of the legislature must be provided. Abuse of power or excessive delegation and lack of checks and balances on the delegated legislations are prominent in Bangladesh which indicates that separation of powers is not implemented in practice properly. Failure in Decentralization of Powers and self-government: For the success of constitutionalization, decentralization of powers is essential. The concentration of power makes the government autocratic. With the division of power between the center and the provinces, the burden of the Center is reduced and the provinces get autonomy, which ultimately brings efficiency in the administration. With the introduction of local people take interest in the administrations and they give full support to the government. French writer De Tocqueville has rightly said that, institutions “The ‘Local constitute the strength of free nations. A nation may establish a system of free governments but without municipal institutions cannot have the spirit of liberty.” (Hossain, 2005) In article
political stability and law and order. Governments took the opportunities of the ambiguities of the terms ‘Law and order’, ‘Public interest’, ‘Security of the country’ etc, to achieve their own political goals or to hide truths from public. Discretionary powers and its abuse: As now State transformed itself as a welfare State and state functions are increased, so discretionary powers are given to the executive authorities to meet urgency, necessity and speediness of the actions and to overcome the lengthy and complicated processes of legislature and judiciary. But often these discretionary powers are being misused and it became a practice now. In two decisions of the Appellate division, Ekushey Television Ltd. V. Dr.Chowdhury Mahmood Hasan, 54 DLR (AD) 130 and Hyundai Corporation v. Sumikin Bussan, 54 DLR (AD) 88, lack of transparency in the activities of the executive authority or other public functionaries was held to be a ground for interference in writ jurisdiction. The court reasoned that no public functionary acting in purported exercise of authority under any provision of law or Constitution has an unfettered discretion and therefore cannot act arbitrarily. Arbitrariness is the anti-thesis of rule of law and equality clause of article.27 of the Constitution. Weak Implementation of Separation of powers: The Bangladesh Constitution provided for separation of powers between the three organs of the State-executive, legislature and judiciary. No one organ could transgress the limits set by the constitution. Though delegated legislation is permitted, but necessary guidelines on behalf of the legislature must be provided. Abuse of power or excessive delegation and lack of checks and balances on the delegated legislations are prominent in Bangladesh which indicates that separation of powers is not implemented in practice properly. Failure in Decentralization of Powers and self-government: For the success of constitutionalization, decentralization of powers is essential. The concentration of power makes the government autocratic. With the division of power between the center and the provinces, the burden of the Center is reduced and the provinces get autonomy, which ultimately brings efficiency in the administration. With the introduction of local people take interest in the administrations and they give full support to the government. “The French writer De Tocqueville has rightly said that, ‘Local institutions constitute the strength of free nations. A nation may establish a system of free governments but without municipal institutions cannot have the spirit of liberty.” (Hossain, 2005) In article