Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh values, and to protect individuals from arbitrary 1 governmental action. The judiciary can promote and protect human rights in several ways: - Using the doctrine of constitutional supremacy enshrined in the Constitution of Bangladesh. - Enforcing fundamental rights in the constitution through judicial review. - Upholding the procedural safeguards in the criminal justice system. The judiciary has a traditional duty to protect procedural safeguards in two areas: protection of procedural safeguards of accused against arbitrary deprivation of his rights and liberties in the case of preventive detention and secondly ensuring fair trial in criminal proceedings. - 1 2 Applying international human rights norms to fill the gap in the national legal system. National judiciaries around the world are increasingly applying international human rights law as the customary norm to fill in gaps or inadequacies of domestic laws.2 In Ch. Perelman, ‘The Safeguarding and Foundation of Human Rights’, Journal of Law and Philosophy, Vol. 1 (1982), pp. 119-129. See, M. Shah Alam, ‘Enforcement of International Human Rights Law by Domestic Courts in the United States’, Golden Gate University School of Law, Vol. 10, (2004), pp. 27-52; Ridwanul Hoque and Mostafa Mahmud Naser, ‘The Judicial Invocation of International Human Rights Law in Bangladesh: Questing a Better Approach’, Indian Journal of International Law, Vol. 46, No.2 (2006), pp. 151-186; B. Conforti and F. Francioni, Enforcing International Human Rights in Domestic Courts, The Hague, Martinus Nijhoff, (1997). 17