Protection of human rights through good governance
The concept of 'good governance' has two aspects. The first aspect is related to the form of the government which is best represented by liberal democratic governance that includes principles such as properness, transparency, participation, effectiveness, accountability, and human rights. The second one concerns the functioning of the government with efficiency in combating corruption and caprices to protect the core principles of good governance.
There is a strong link between the principle of good governance and human rights. The legal provisions protecting human rights include different forms of good governance. The preamble to the Universal Declaration of Human Rights (UDHR) recognises that inherent dignity, equal and inalienable rights of all members of the human family are the foundations of freedom, justice, and peace in the world. Arts. 1 and 2 of the UDHR ensure due care, legal certainty, and equality, while arts. 6, 8, 14.1, 21.1-2, and 29.1 guarantee public participation. Arts. 22, 25.1, and 30 warrant transparency, accountability, and effectiveness which are all good governance-spirited principles. Thus, the concepts of good governance and human rights are mutually reinforcing.
Our Constitution's commitment to the idea of constitutionalism is undeniable as it is reflected in art. 7 which talks about 'constitutional supremacy'. The legislature's power to amend the Constitution under art. 142(a)(ii) has been limited in nature. Given the separation of power under art. 22, the Constitution also provides for a system of checks and balances among the organs and it is exemplified in art. 102 by conferring on the Supreme Court the power of judicial review to declare any action by the executive or legislature as illegal. However, the power of judicial review is not extended to the domain of fundamental principles of state policy, and due to this, we have perhaps failed to assist the promotion of good governance, for example, in regulating the process of free and fair elections through the regulation of political parties.
Shortcomings, however, are also prevalent with respect to ensuring the effectiveness of the judicial and administrative processes, and curbing corruption. Although art. 77 of the Constitution creates scope for the institution of the Ombudsman, this has remained unimplemented to date.
Even though the Constitution is compatible with the notion of good governance as far as the liberal democratic framework of governance is concerned, it has a few deficiencies in delineating governmental function in curbing corruption and caprices.
The writer is a Student of Law, University of Dhaka.