Abstract
The private law tort is applied in Bangladesh under the common lawjurisdiction. 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.
Published Version
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