CONSTITUTIONAL LAW AND ACCESS TO JUSTICE Bangladesh’s Constitution, adopted in 1972, grants a number of universal constitutional protections to all people on Bangladeshi territory and can therefore be applied in all instances where Rohingya encounter the law. The Constitution is considered the supreme law of the land and is a touchstone for establishing the validity of other laws, whether public or private, substantive or procedural. No provisions of any law can be inconsistent with constitutionally guaranteed fundamental rights. Where a law is found to contradict the Constitution, it can be challenged before the Supreme Court: Article 102 of the Constitution allows writ petitions to be filed before the High Court Division to review any actions of public authorities. Of the 18 fundamental rights enumerated in the Constitution, which are all civil and political rights, 11 are granted to citizens of Bangladesh exclusively (Articles 27, 28, 29, 30, 36, 37, 38, 39, 40, 42, and 43), while seven rights are granted to all persons, citizens and non-citizens alike (Articles 31, 32, 33, 34, 35, 41, and 44). All fundamental rights and freedoms are justiciable. Of these, the rights conferred under Articles 33 (safeguards as to arrest and detention), 34 (prohibition of forced labour), 35 (protection in respect of trial and punishment), and 44 (enforcement of fundamental rights) are absolute rights on which unreasonable restrictions cannot be imposed, except as provided for in the Constitution itself. The realization and enforcement of legal rights, including constitutional rights, is contingent on access to courts to state a claim and seek redress. Bangladesh employs a common law system that recognizes access to justice and the courts as fundamental, constitutional rights. As an integral part of access to justice and in the name of implementing the right to legal assistance conferred under Article 33.2 of the Constitution of Bangladesh, free legal aid should be available in any instance where a Rohingya person meets the qualifications of the Legal Aid Services Act, 2000. 9 BEYOND REFUGE: ADVANCING LEGAL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH