http://reposit.library.du.ac.bd:8080/xmlui/xmlui/handle/123456789/12 2026-04-07T07:14:41Z 2026-04-07T07:14:41Z Md. Riaduzzaman http://reposit.library.du.ac.bd:8080/xmlui/xmlui/handle/123456789/4685 2025-07-09T05:13:05Z 2025-07-07T00:00:00Z

Constitutional Right to Privacy and Data Protection in Bangladesh: A Living Originalist Interpretation Md. Riaduzzaman This thesis aims to assess the place of data protection within the constitutional framework of the right to privacy in Bangladesh. In contemporary society, privacy has transformed in response to technological advancements. The rapid growth of information and communication technologies presents enormous challenges. This prompts the question of whether the constitutional framework surrounding privacy should adapt to safeguard individuals' rights effectively. This endeavour encounters challenges due to the absence of explicit references to data protection in the Constitution of Bangladesh and the relatively underdeveloped theoretical framework of the right to privacy, especially in response to the rapid advancement of technology. Personal data is being generated, stored, analysed, and shared in more significant numbers than ever before, facilitated by the invention of the World Wide Web, increased processing power, and new communication tools. As technology advances, along with the importance of information communication in society, unique challenges are soaring primarily related to protecting individuals' personal information. The chosen thesis methodology involves applying the constitutional interpretation method known as living originalism, utilising a comparative constitutional law approach. This approach addresses the conceptual ambiguity surrounding the definition of the right to privacy and explores how data protection can be integrated into this constitutional context. In today's digital era, data protection is critical to safeguard human dignity and autonomy, which are fundamental prerequisites for preserving privacy. Although privacy and data protection are interconnected, they are not identical. Drawing insights from international best practices in privacy and data protection, the argument is that a fresh interpretation of the constitutional right to privacy is essential to safeguard individuals' rights effectively. Rigid textual interpretation suggests the non existence of the constitutional right to data protection. This reinterpretation should consider the evolving data protection landscape and its significance in contemporary society. In conclusion, the research proposes an approach that emphasises the fundamental aspect of data protection within the constitutional framework of the right to privacy. Given that the Constitution of Bangladesh makes it impossible to change the fundamental rights due vii to the existence of basic structure, the thesis suggests that a comparative living originalism interpretation could aid in recognising the right to data protection as an inherent component of the constitutional right to privacy. This thesis is submitted for the degree of Doctor of Philosophy.

2025-07-07T00:00:00Z Bilkis, Afroza http://reposit.library.du.ac.bd:8080/xmlui/xmlui/handle/123456789/4068 2025-04-10T07:01:31Z 2025-04-10T00:00:00Z

Regulating Anti-Competitive Market Behaviour in Bangladesh: From Commercial Tolerance to Consumer Detriment Bilkis, Afroza Competition law provides specific legislation and regulations to ensure a level playing field for all enterprises in markets, thereby protecting and promoting consumer rights. The study under this thesis was aimed at assessing the importance of regulating anti-competitive behaviour in protecting both consumers and businesses. Despite consumer welfare is a mission statement for competition watchdogs, it has been an under-evaluated concept even in courts and relevant competition commission cases. Furthermore, apart from legal, economic and policy matters, several other factors like conventional consumption theory and total welfare theory may affect the efficacy of regulation. As such, courts and regulators have often avoided the questions relating to the choice of applicable principles though it should have been otherwise. For these reasons alone, substantial mainstream debate over the application of different principles and approaches in competition adjudication has been limited. In respect of the choice of regulatory mechanisms, prominent competition regimes e.g., the EU, UK and India have adopted different policies. However, in determining competition liability following different policies may result in regulatory difficulties. The problem is at least two-fold. First, for the applicable rules in competition proceedings, specific guidelines would be necessary to deal with specific types of anti-competitive conduct. Second, the leniency provisions and an inclusive framework that conglomerates the legal, economic and social considerations in such proceedings must be designed. As compared to other jurisdictions, Bangladesh has not yet prioritized these issues, neither developed the substantive and procedural standards within the legal framework. So far the development of an inclusive competition law framework for Bangladesh is concerned, the study finds that the independence and efficiency of the regulators is the basis. The Competition Act was passed in 2012 but the Commission started functioning in 2018. Thus it has been only 6 years since the competition watchdog started dealing with cases. For this reason, the necessary amount of knowledge or experience of market regulation is lacking now. Therefore, the only way out of regulatory failure is to enhance 7 knowledge of competition law and policy and strengthen the regulatory framework. The best practices in other jurisdictions show that competition commissions can alone be the whistleblower of anti-competitive practices going on and also be the beacon of the legal battle against such practices. In this backdrop, the study essentially revolves around some basic questions relating to efficient regulation of market behaviour in Bangladesh. These questions include matters concerning nationwide highly concentrated markets, dominant enterprises, consumer behaviour, compliance issues, development of regulatory mechanisms and necessary reforms in the law. The study attempts to discuss and answer these through a systematic method of linking the objectives of the study with the assumptions. One significant assumption underlying the study is that effective and strong regulation by an independent regulatory body can protect both consumers and businesses. This also complements the objectives and significance of the study. Another major assumption comprises of the importance of addressing the economic and social issues in competition proceedings. With the content analysis, case laws and case studies, this study adopts both doctrinal and non-doctrinal research approaches. A semi-structured empirical method is applied besides the principal qualitative approach for markets are at the core of competition jurisprudence. Survey and interviews are conducted at the retail level markets in order to reach the findings. The significance of the study lies in the gap in the legal and regulatory framework of competition law in Bangladesh. In general, the absence of standard guidelines to follow in competition proceedings can result in misjudgments. Furthermore, the unique characteristics of the types of anti-competitive conduct and agreements require segregated approach of regulation. Therefore, different principles need to be developed and applied. The government’s role in preventing monopoly, cartels and collusions is undisputedly substantial in Bangladesh where government policy can often restrict competition. Moreover, the study’s importance is also appreciable as the Competition Commission as the principal regulatory authority is yet to achieve eloquent legal and regulatory independence. This thesis is submitted for the degree of Doctor of Philosophy.

2025-04-10T00:00:00Z Ferdous, Zannatul http://reposit.library.du.ac.bd:8080/xmlui/xmlui/handle/123456789/3441 2024-11-17T09:48:47Z 2024-11-17T00:00:00Z

Guaranteeing Universal Administration of Criminal Justice:Realities and Challenges Ferdous, Zannatul A countries ability to pursue justice for all depends on how well-functioning and broadly applicable its criminal justice system is. Most of the national laws for international crimes follows the fundamental principles and instruments of internationally recognized and applied criminal laws for which no significant differences can be seen between national and international tribunal regarding the trial of those crimes. The present applied universal principles of international crimes are not completely successful to stop the ongoing crimes of genocide, crimes against humanity and war crimes all over the world. The global peace and security, brotherhood and sovereignty of state are under threat by the current geopolitical situation. The overall trend of contemporary criminal justice system of the world served as a driving force to search for a better universal judicial system that can ensure global justice and end the culture of impunity along with deterring them from happening again in future. This study conducts a thorough examination of the procedures and difficulties of national and international tribunals and how criminal justice systems are now functioning throughout the world on a purpose of guaranteeing the equitable administration of criminal justice on a global scale. It also explores various gaps between national and international tribunals that they face while prosecuting international criminals and also pointing out the differences and injustices that impede the achievement of universal criminal justice. It investigates how administrative norms, judicial structures, and demographic factors contribute to the persistence of systemic prejudices considering both the contribution and loopholes of global authority like ICC, EU, and UN. Introduction of new principles on the trial of international crimes, application of the principle of complimentarily along with better cooperation of other countries, following obligatory principles of international legal instruments are crucial to reduce the rate of international crimes happening worldwide. This study found that adaptation of international principles and transferable strategies like parenspatriae jurisdiction can diverse the contexts to foster a more equitable and accessible criminal justice system. This thesishas concluded that how harmonization between national and international tribunals through application of new principles could have helped to develop the existing jurisprudence of international criminal laws as well as it provides ways to overcome the existing challenges faced by international Criminal Court. This Dissertation is submitted to the Faculty of Law, University of Dhaka as Fulfillment of the Requirement for the Degree of Master of Philosophy (M.Phil.) in Law.

2024-11-17T00:00:00Z Kabir, Ahmed Ehsanul http://reposit.library.du.ac.bd:8080/xmlui/xmlui/handle/123456789/3056 2024-03-03T05:38:46Z 2024-03-03T00:00:00Z

Administration of Juvenile Justice in Bangladesh Kabir, Ahmed Ehsanul Bangladesh is a densely populated small country where the rate of juvenile delinquency always remains high due to the socio-economic reasons. So, the effective administration of juvenile justice here may act as instrumental in preventing delinquency of children and ensuring their wellbeing as they are the future generation of the country. This research aims to unveil the real picture of the administration of juvenile justice system with historical setting from British period to present legal regime of Bangladesh. In addition, this research examines the existing legal framework in order to identify whether the framework is sufficient for establishing juvenile justice system duly or it requires reforms in line with international standards as introduced by the treaty law. This is a qualitative research based on primary and secondary resources. The study has immense value for the academics and the policy-makers. The relevant aspects of the current state of administration of juvenile justice with due criticism and recommendations might as act a thought-provoking element for the policy-makers to bring necessary reforms in the existing system. Moreover, this study explores many new aspects and dimensions of juvenile justice providing the scope of the further indepth research. During the analysis of the juvenile justice system of Bangladesh, the legal framework has been discussed giving due attention to the substantive and procedural laws relating to the children in conflict with law. In addition, the establishment and the role of the Children Court under the Children Act 2013 have minutely explained referring the prevailing practices and procedures. In addition, an attempt has been taken to identify how far the best interests of the children have been protected in all the stages i.e. pre-trial, during trial and post-trial stages of the formal court proceedings. In this connection, the decisions of the Supreme court protecting and safeguarding the rights of the children in compliance with the UNCRC have also been mentioned. Then, it has tried to focus on the main aim of the juvenile justice system is that not to punish the children in conflict with law rather to reform and rehabilitate them in the society. So, the existing framework of juvenile justice in Bangladesh is still away from being fully compliant with international standards and the impediments to establish a child-centered justice system in Bangladesh are not well-articulated. Finally, recommendations have been given with a view to establish a comprehensive juvenile justice system in Bangladesh to uphold the best interests of the children. This thesis submitted in the partial fulfilment of the requirements of the University of Dhaka for the Degree of Master of Philosophy (M.Phil.).

2024-03-03T00:00:00Z