Scope and Application of Constitutional Tort in Bangladesh: An Analytical Study

Abstract

The private law tort is applied in Bangladesh under the common law
jurisdiction. It is possible to first bring a lawsuit for a private law tort in the
relevant civil courts and tribunals. Contrarily, the simultaneous application of
Article 44 and Article 102(1) of the Constitution applies to constitutional
tort. A writ petition for compensation may be filed in the nation’s
constitutional court, holding the state accountable when the statutory
authority is responsible for breaching the constitutional rights established in
part III of the constitution. The essay compares and contrasts several features
of tort law, including its effectiveness, problems of determination, and
financial factors, drawing on case studies in Bangladesh. To investigate the
purpose and application of tort law in Bangladesh, it closely examines
scholarly literature and well-known cases. It also examines common
misunderstandings about the application of torts, the defense of individual
and societal rights, the formalization of tort cases in courts, the many forms
of legal remedies for damage, and other issues. People who have damaged
governments or public authorities cannot seek compensation because they
are unaware of constitutional tort law. This article will concentrate on the
need for a compensation remedy when a public official or employee violates a citizen’s fundamental rights. Additionally, the constitutional tort should be
considered while analyzing vicarious liability.

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