Emerging Trend of Constitutional Tort in Bangladesh

Abstract

In the legal system of Bangladesh, the demand of tort law is increasing day by day. Many of us know about tort existing in common law. Besides that, there are other types of tort law that is called constitutional tort. Because of the lack of knowledge regarding constitutional tort law, people cannot claim compensation being harmed by the governments or public officials. This work will focus on the necessity of the compensatory remedy when the fundamental rights of the citizens are violated by the government servant or public authority. The possibility of getting compensation under the constitutional tort is to be enlightened by clarifying various constitutional tort cases in Bangladesh. For completing this research Traditional research methodology will be followed as well as various case laws are to be discussed for creating the awareness of the people regarding the constitutional tort law. This research is to be done by considering historical, analytical and socio-legal approaches. The vicarious liability is to be enlightened in the shed of the constitutional tort. By this work, people can get aware of the constitutional tort and can able to know the way how to get compensations. In this research, the mechanism is to be discussed that should be followed to measure the compensation. Moreover, the emerging trend of constitutional tort should be emphasized for a developing country like Bangladesh.