Article102
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Natural Justice in Bangladesh: Can an Administrative Decision Be Challenged for Lack of Notice or Hearing?
An administrative decision may be challenged where the authority was legally required to act fairly but failed to give the affected person notice, a meaningful opportunity to respond or an impartial decision-maker. Natural justice does not require the same procedure in every case. The required level of fairness depends on the governing statute, the seriousness…
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The Five Writ Remedies in Bangladesh: What Does Each Remedy Do?
The five traditional writ remedies are mandamus, prohibition, certiorari, habeas corpus and quo warranto. These Latin names remain useful for understanding Article 102, but the Constitution states the powers of the High Court Division in its own language. A petitioner should therefore rely primarily on the wording of Article 102 rather than treating old common-law…
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Article 102 Explained: When Can the High Court Division Review Government Action?
Article 102 allows the High Court Division to enforce fundamental rights and supervise the legality of public power. It is available where a public authority violates a fundamental right, exceeds its lawful authority, fails to perform a mandatory duty or makes a decision through a legally defective process. Article 102 is not a general appeal…
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Can a Non-Resident Bangladeshi File a Writ Petition in Bangladesh?
A Bangladeshi living abroad may file an application under Article 102 of the Constitution if the person has the necessary standing and a legally reviewable grievance. The Constitution does not require a petitioner to be physically resident in Bangladesh. The petitioner must still comply with the procedural rules of the High Court Division. Foreign execution…