Abstract

This paper systematically analyses the chronological framework of the progressive practice of Constitutional torts and the recent trends of the judiciary in awarding damages to the victims of Constitutional torts omitting the due process of law in Bangladesh. The paper also demonstrates how the existing provisions of the Constitution of Bangladesh can provide helpful guidance for developing and initiating newer tools to enable the Constitutional tort claimants to avail their proper and just remedies. In this paper, the principle of ‘Due Process of Law’ has been applied as a test to analyse the rationale of the judgments from different tort cases and to show how the lacuna of the proper application of the principle of due process of law is preventing the tort victims from getting what they legally deserve. Moreover, a proposal has been placed to apply compatible compensation theories in different tort cases. This paper not only sets a special focus on different substantial challenges due to which thousands of tort claims end in smoke every year but also provides effective recommendations for resolving those challenges. In addition, two effective mechanisms have been proposed to be implemented for determining the appropriate amount of compensation for the victims so that the Judiciary can perform its responsibilities more professionally and efficiently. With a view to carrying out this research, qualitative research methodology has been followed as well as notable case laws have been discussed for demonstrating whether the judiciary followed the due process of law for awarding compensation under the Constitutional tort law in Bangladesh.

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