Article 105 of the Constitution of the People’s Republic of Bangladesh provides that subject to the provisions of an Act of Parliament and any rules made by it, the Appellate Division may review its own judgment or order. When the court exercise the law of the Government not his work then the question arise of judicial review. The principle ground when and by what the judicial review may exercise —by following points.
(1) Ultra vires
(2) Abuse of discretionary power
(3) Proportionality.
(4) Legitimate expectation.
(5) Unreasonable exercise of power.
(6) Estoppels
(7) Illegality.
- Natural justice
- Right to reason
- Rule against bias
- Fairness.
- Jurisdiction.
(8) Justifiability.
(E) Interpretation.
Primary and strict view: Judicial review of law made by the legislature, the judiciary has to power to examine the constitutionally of laws made by the legislative.
The substantive review of judicial review has been ensured inArticle 7,26,102(2)