Legal System and Jurisprudence
Foundations of the Bangladesh Legal System
A candidate must be able to trace the sources of Bangladeshi law in order of authority: the Constitution, statutes enacted by Parliament, subordinate legislation (rules, regulations, by-laws), and the common law and equity received through the colonial period and preserved by Article 149 of the Constitution. Personal laws of the Muslim, Hindu, Christian and other communities govern family matters, and custom operates as a source only where it is ancient, reasonable, certain and continuous.
Courts and Jurisdiction
Understand the hierarchy: the Appellate Division, the High Court Division, subordinate civil and criminal courts, and specialised tribunals (administrative, labour, income tax, money loan). The Supreme Court is the guardian of the Constitution under Article 102. Note the distinction between ordinary courts and tribunals, and the supervisory writ power of the High Court Division.
Jurisprudence Concepts
Revise the schools of thought: natural law, legal positivism (Austin's command theory, Hart's rule of recognition, Kelsen's pure theory), sociological jurisprudence, realism, and the Indian and Pakistani jurists whose reasoning influenced Bangladeshi courts. Know the meaning of precedent, ratio decidendi, obiter dicta, stare decisis, and the difference between civil and criminal liability.
Common Traps
Questions often confuse the date of the Constitution's effective commencement (16 December 1972) with its adoption date, or confuse Article 102 (writ jurisdiction) with Article 44 (enforcement of fundamental rights through ordinary courts). Another trap is treating English common law as automatically applicable rather than as a residual source subject to statute.
Rule of Thumb
When a question asks which source prevails, rank: Constitution > statute > subordinate legislation > common law/equity > custom. If a custom conflicts with a statute, the statute wins.