Friday, December 21, 2012

Comparison of administrative law between UK and Bangladesh

There is an important distinction between English administrative law and Bangladesh administrative law. In England, parliament is supreme and sovereign. It has been rightly said that “parliament can do everything without making a woman into a man and a man into woman” The law enacted by the British parliament is considered and treated as the highest form of law which prevails over any other form of law.

C.J. Cockburn observed, there is no judicial body in the country by which the validity of an Act of parliament could be questioned. An Act of the Legislature is superior in authority to any court of law.

Thus in England, an administrative action can only be challenged as ultravires the statutes under which it was taken, in Bangladesh. On the other hand, as there is a written constitution and the power of judicial review is conferred by the constitution on the Supreme Court, the same can be challenged as ultra vires the constitution also.

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