Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
SlideShare a Scribd company logo

legislative and executive govt..pptx

•Download as PPTX, PDF•
•
H
HabibaMustarin1

The document discusses the executive and legislative branches of government in Bangladesh. It provides details on the current Cabinet of Bangladesh led by Prime Minister Sheikh Hasina with 55 total ministers. It also discusses the separation of powers between the executive, legislative, and judicial branches as outlined in the Bangladesh constitution, with the judiciary having some dependence on the executive for appointments. The document then analyzes the fundamental rights protected in the Bangladesh constitution, classifying them as absolute, qualified, or dependent on legislation. It also distinguishes fundamental rights from directive principles.

1 of 24
Presentation on executive and legislative form of govt. Khan Habiba Mustarin
legislative and executive govt..pptx
legislative and executive govt..pptx
legislative and executive govt..pptx
legislative and executive govt..pptx
legislative and executive govt..pptx
legislative and executive govt..pptx
legislative and executive govt..pptx
The Cabinet of Bangladesh (Bengali: বাাংলাদেদের মন্ত্রিসভা – Bānglādēśēr Mantri'sabhā) or Council of Ministers (Bengali: বাাংলাদেদের মন্ত্রিপন্ত্ররষে – Bānglādēśēr Mantri'pariṣad) is the chief executive body of the People's Republic of Bangladesh. The Cabinet is the collective decision-making body of the entire government under the Office of the Prime Minister, composed of the Prime Minister and some 25 Cabinet Ministers, 7 Advisers, 19 State Ministers and 3 Deputy Ministers.
Fourth Hasina Cabinet 20th Council of Ministers of Bangladesh Incumbent Sheikh Hasina Wazed Date formed 7 January 2019 People and organisations Head of state Abdul Hamid Head of government Sheikh Hasina No. of ministers 25 Cabinet Ministers 7 Advisers 19 State Ministers 3 Deputy Ministers. Total no. of ministers 55 Member party Awami League Status in legislature 117-seat single-party majority 257 / 300 History Legislature term(s) 11th Parliament Predecessor Hasina III
The term technocracy was originally used to advocate the application of the scientific method to solving social problems. Concern could be given to sustainability within the resource base, instead of monetary profitability, so as to ensure continued operation of all social-industrial functions. In its most extreme sense technocracy is an entire government running as a technical or engineering problem and is mostly hypothetical. In more practical use, technocracy is any portion of a bureaucracy that is run by technologists. A government in which elected officials appoint experts and professionals to administer individual government functions and recommend legislation can be considered technocratic.Some uses of the word refer to a form of meritocracy, where the ablest are in charge, ostensibly without the influence of special interest groups.Critics have suggested that a "technocratic divide" challenges more participatory models of democracy, describing these divides as "efficacy gaps that persist between governing bodies employing technocratic principles and members of the general public aiming to contribute to government decision making.
legislative and executive govt..pptx
legislative and executive govt..pptx
Separation of Powers The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
The traditional characterizations of the powers of the branches are: The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government. The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
Review on the separation of powers exists in Bangladesh: 1. Regarding appointment of persons to subordinate courts Article 115 of the Constitution of Bangladesh says “Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with the rules made by him in that behalf.” 2. This Article says “The control (including the power of positing, promotion and grant of leave) and discipline of persons employed in the judicial services and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court. 3. Article 7 provides that all powers in the Republic shall be effective only under and by authority of the constitution. 4. Article 35(3) of the constitution provides “Every person accused of a criminal offence shall have right to a speedy and public trial by an independent and impartial court or tribunal established by the law. 5. The appointment and control of judges in the subordinate judiciary (judicial service) are described in Articles 115 and 116 stating respectively: Appointment of persons to offices in the judicial service or as magistrates exercising judicial be made by the President with the rules made by him in that behalf.
• Complete separation is relatively unheard or outside of theory, meaning no judiciary is completely severed from the administrative and legislative bodies because this reduces the potency of checks and balances and creates inefficient communication between organs of the state. A high degree of separation, however, can be a strong guardian of judicial independence, as this paper will attempt to prove.
Fundamental rights • Fundamental rights give the citizens dignity of life in an atmosphere of freedom and justice beyond the man made fetters that had constricted their physical and mental horizons. Modern judiciary is regarded as an excellent product of civilization to put the concept of justice to work in the midst of divergent force with conflicting class or individual interests. Such conflicts make is difficult to bring about equilibrium in the society for a peaceful and orderly association of citizens for their common good. An independent judiciary and strong democratic institutions are the best guarantee against assaults on the rights of the citizens.
Fundamental Rights in Bangladesh constitution • 18 fundamental rights have been enumerated in the constitution commencing from Article 27 to 44. All of these rights are civil and political rights. These 18 fundamental rights may be firstly divided into two groups: • a. Rights granted to all persons-citizens and non citizens alike. These are six rights enumerated in Articles 32, 33, 34, 35, 41 and 44 of the constitution. • b. Rights granted to citizens of Bangladesh only, these are 12 rights enumerated in Articles 27, 28, 29, 30, 31, 36, 37, 38, 39, 40, 42 and 43.
The Fundamental Rights enumerated in the Bangladesh Constitution may be classified in to following three groups: . Absolute Rights: • 1. Equality before law, (Art. 27). • 2. Discrimination on grounds of religion etc (Art.28). • 3. Equity of opportunity in public employment (Art.29). • 4. Prohibition of foreign titles etc (Art.30). • 5. Safe guards as to arrest and detention (Art.33). • 6. Prohibition of forced labour (Art.34). • 7. Protection in respect of trial and punishment (Art.35). • 8. Enforcement of Fundamental Rights (Art.44).
• B. Rights on which reasonable restriction can be imposed: • 1. Freedom of movement (Art.36). • 2. Freedom of Assembly (Art.37). • 3. Freedom of Association (Art.38). • 4. Freedom of thought and conscience and of speech (Art.39). • 5. Freedom of religion (Art. 40) • 6. Protection of home and correspondence.
• C. Fundamental rights which has been practically left to the legislature • 1. Right to protection of law (Art.31) • 2. Protection of right to life and personal liberty (Art.32) • 3. Right to lawful profession, occupation or business (Art.40) • 4. Protection of property right (Art.42)
There are some Fundamental distinction between directives and fundamental rights • First, when certain human rights are written down in a Constitution, a supreme law, and protected by constitutional guarantees they are called fundamental rights. Directive principles, on the other hand, are polices relating to social, economic and cultural rights which are to be followed in governance of the country. Second, fundamental rights are enforceable in a court of law and they create justiciable rights in favour of individuals. And the courts can enforce them against the government. Again, the courts are competent to declare as void any law that is inconsistent with any of the fundamental rights. The directives, on the other hand, are not enforceable in a court of law and they do not create any jucticiable rights in favour of individuals. The court can not compel the government to carry out any of the directives. Again, the courts cannot declare any void, which is otherwise valid, on the ground that it contravenes any of directives principles. Third, fundamental rights are mandatory in nature whereas directives are declaratory in nature as they have expressly been excluded from the preview of the courts. Fourth, the fundamental rights create negative obligation on the state, i.e., the state is required to refrain from doing something. The directives, on the other hand, impose positive obligation on the state i.e., to implement these principles the state will have to achieve certain ends by its actions.
• Fifth, the directive principles may be described as inchoate fundamental rights while the fundamental rights are full-fledged i.e. the former requires legislation to become effective while the latter need not requires such legislation. And so long there is no law carrying out the policy laid down in directives neither the state nor an individual can violate any existing law or legal right under the colour of directive principles. • Sixth, Fundamental rights are primarily aimed at assuring political freedom to citizens by protecting them against excessive state action while directive principles are aimed at securing social and economics freedom by appropriate state action.

More Related Content

legislative and executive govt..pptx

  • 1. Presentation on executive and legislative form of govt. Khan Habiba Mustarin
  • 9. The Cabinet of Bangladesh (Bengali: বাাংলাদেদের মন্ত্রিসভা – Bānglādēśēr Mantri'sabhā) or Council of Ministers (Bengali: বাাংলাদেদের মন্ত্রিপন্ত্ররষে – Bānglādēśēr Mantri'pariṣad) is the chief executive body of the People's Republic of Bangladesh. The Cabinet is the collective decision-making body of the entire government under the Office of the Prime Minister, composed of the Prime Minister and some 25 Cabinet Ministers, 7 Advisers, 19 State Ministers and 3 Deputy Ministers.
  • 10. Fourth Hasina Cabinet 20th Council of Ministers of Bangladesh Incumbent Sheikh Hasina Wazed Date formed 7 January 2019 People and organisations Head of state Abdul Hamid Head of government Sheikh Hasina No. of ministers 25 Cabinet Ministers 7 Advisers 19 State Ministers 3 Deputy Ministers. Total no. of ministers 55 Member party Awami League Status in legislature 117-seat single-party majority 257 / 300 History Legislature term(s) 11th Parliament Predecessor Hasina III
  • 11. The term technocracy was originally used to advocate the application of the scientific method to solving social problems. Concern could be given to sustainability within the resource base, instead of monetary profitability, so as to ensure continued operation of all social-industrial functions. In its most extreme sense technocracy is an entire government running as a technical or engineering problem and is mostly hypothetical. In more practical use, technocracy is any portion of a bureaucracy that is run by technologists. A government in which elected officials appoint experts and professionals to administer individual government functions and recommend legislation can be considered technocratic.Some uses of the word refer to a form of meritocracy, where the ablest are in charge, ostensibly without the influence of special interest groups.Critics have suggested that a "technocratic divide" challenges more participatory models of democracy, describing these divides as "efficacy gaps that persist between governing bodies employing technocratic principles and members of the general public aiming to contribute to government decision making.
  • 14. Separation of Powers The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
  • 15. The traditional characterizations of the powers of the branches are: The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government. The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
  • 16. Review on the separation of powers exists in Bangladesh: 1. Regarding appointment of persons to subordinate courts Article 115 of the Constitution of Bangladesh says “Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with the rules made by him in that behalf.” 2. This Article says “The control (including the power of positing, promotion and grant of leave) and discipline of persons employed in the judicial services and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court. 3. Article 7 provides that all powers in the Republic shall be effective only under and by authority of the constitution. 4. Article 35(3) of the constitution provides “Every person accused of a criminal offence shall have right to a speedy and public trial by an independent and impartial court or tribunal established by the law. 5. The appointment and control of judges in the subordinate judiciary (judicial service) are described in Articles 115 and 116 stating respectively: Appointment of persons to offices in the judicial service or as magistrates exercising judicial be made by the President with the rules made by him in that behalf.
  • 17. • Complete separation is relatively unheard or outside of theory, meaning no judiciary is completely severed from the administrative and legislative bodies because this reduces the potency of checks and balances and creates inefficient communication between organs of the state. A high degree of separation, however, can be a strong guardian of judicial independence, as this paper will attempt to prove.
  • 18. Fundamental rights • Fundamental rights give the citizens dignity of life in an atmosphere of freedom and justice beyond the man made fetters that had constricted their physical and mental horizons. Modern judiciary is regarded as an excellent product of civilization to put the concept of justice to work in the midst of divergent force with conflicting class or individual interests. Such conflicts make is difficult to bring about equilibrium in the society for a peaceful and orderly association of citizens for their common good. An independent judiciary and strong democratic institutions are the best guarantee against assaults on the rights of the citizens.
  • 19. Fundamental Rights in Bangladesh constitution • 18 fundamental rights have been enumerated in the constitution commencing from Article 27 to 44. All of these rights are civil and political rights. These 18 fundamental rights may be firstly divided into two groups: • a. Rights granted to all persons-citizens and non citizens alike. These are six rights enumerated in Articles 32, 33, 34, 35, 41 and 44 of the constitution. • b. Rights granted to citizens of Bangladesh only, these are 12 rights enumerated in Articles 27, 28, 29, 30, 31, 36, 37, 38, 39, 40, 42 and 43.
  • 20. The Fundamental Rights enumerated in the Bangladesh Constitution may be classified in to following three groups: . Absolute Rights: • 1. Equality before law, (Art. 27). • 2. Discrimination on grounds of religion etc (Art.28). • 3. Equity of opportunity in public employment (Art.29). • 4. Prohibition of foreign titles etc (Art.30). • 5. Safe guards as to arrest and detention (Art.33). • 6. Prohibition of forced labour (Art.34). • 7. Protection in respect of trial and punishment (Art.35). • 8. Enforcement of Fundamental Rights (Art.44).
  • 21. • B. Rights on which reasonable restriction can be imposed: • 1. Freedom of movement (Art.36). • 2. Freedom of Assembly (Art.37). • 3. Freedom of Association (Art.38). • 4. Freedom of thought and conscience and of speech (Art.39). • 5. Freedom of religion (Art. 40) • 6. Protection of home and correspondence.
  • 22. • C. Fundamental rights which has been practically left to the legislature • 1. Right to protection of law (Art.31) • 2. Protection of right to life and personal liberty (Art.32) • 3. Right to lawful profession, occupation or business (Art.40) • 4. Protection of property right (Art.42)
  • 23. There are some Fundamental distinction between directives and fundamental rights • First, when certain human rights are written down in a Constitution, a supreme law, and protected by constitutional guarantees they are called fundamental rights. Directive principles, on the other hand, are polices relating to social, economic and cultural rights which are to be followed in governance of the country. Second, fundamental rights are enforceable in a court of law and they create justiciable rights in favour of individuals. And the courts can enforce them against the government. Again, the courts are competent to declare as void any law that is inconsistent with any of the fundamental rights. The directives, on the other hand, are not enforceable in a court of law and they do not create any jucticiable rights in favour of individuals. The court can not compel the government to carry out any of the directives. Again, the courts cannot declare any void, which is otherwise valid, on the ground that it contravenes any of directives principles. Third, fundamental rights are mandatory in nature whereas directives are declaratory in nature as they have expressly been excluded from the preview of the courts. Fourth, the fundamental rights create negative obligation on the state, i.e., the state is required to refrain from doing something. The directives, on the other hand, impose positive obligation on the state i.e., to implement these principles the state will have to achieve certain ends by its actions.
  • 24. • Fifth, the directive principles may be described as inchoate fundamental rights while the fundamental rights are full-fledged i.e. the former requires legislation to become effective while the latter need not requires such legislation. And so long there is no law carrying out the policy laid down in directives neither the state nor an individual can violate any existing law or legal right under the colour of directive principles. • Sixth, Fundamental rights are primarily aimed at assuring political freedom to citizens by protecting them against excessive state action while directive principles are aimed at securing social and economics freedom by appropriate state action.