This is how, even without any legal right, in its strict conventional sense, an expectation may be bloomed into a legitimate one, capable of enforcement, although, there is no specific provision for it, still, the will and initiative of the Judges, made it possible from their sense of jurisprudence and justice for the people for whom the bell of justice always tolls.
The 'due process of law' as appearing in clause iv of the Petition of Right, 1354, and in Fifth and Fourteenth Amendments in the Constitution of the United States or the 'Rule of Law', propounded by Professor William E. Hearne and Professor A. V. Dicey, envisaged that the law is not what it appears to be in the strict lexicographical sense but what it ought to be in the dispensation of justice. According to Professor Stanley de Smith, 'the law should conform to certain minimum standards of justice, both substantive and procedureal'. Mohammad Tayeeb vs. Govenment of the People's (A. B. M. Khairul Haque, CJ) (Civil) 12 ADC 1). ....View Full Judgment