The School of Humanities and Social Sciences (SHSS) at North South University launched its faculty Seminar series with a paper titled ‘Non-Enforceable but Binding’. The presenter was Nafiz Ahmed, Lecturer at the Department of Law of North South University.
During the seminar, he focused on whether the non-justiciable constitutional directives create obligations despite not being judicially enforceable. He has discussed whether judicial enforceability is a prerequisite for obligation-creating laws, said a press release on Thursday (May 8).
He started by talking about John Austin, who claimed that legal obligation is created through sanction-based command. He also delved into other theories, such as HLA Hart's theory, which argues that a rule may be obligatory even if it cannot be judicially enforceable. Rules create obligation by fulfilling the rule of recognition, not by being enforceable.
Md. Lokman Hussain, Senior Lecturer at the Department of Law of North South University, moderated the seminar. He highlighted that the lecture tried to explain the legal obligation without the moral obligation.
The opening remark was given by Professor Md. Rizwanul Islam, Professor of Law and Dean of the School of Humanities and Social Sciences at North South University. He talked about how this paper allows people to understand the fundamental principles of state policy more intrinsically, the news release added.