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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