Category: Constitutional law
It would have more rich if periodical data can be used for comparing theory and practice.Practical implications - This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and ...
Author: Md. Awal Hossain Mollah
Purpose - The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate interferences of government. With this aim, several case studies have been done on verdicts of higher judiciary in Bangladesh.Design/methodology/approach - This paper is an exploratory case study focused on Bangladesh. The paper is qualitative in nature and based on secondary sources of published facts like books, journal articles and Dhaka Law Reports. Information also gathered through Internet browsing.Findings - Though judiciary is very effective to protect and promote human rights and rule of law in a country through judicial activism or public interest litigation, the role of non-governmental organizations (NGOs) are crucial in Bangladesh. Delay and disposal of cases is one of the great impediments in the process of ensuring human rights in Bangladesh. Besides, negligence in implement the verdict of judiciary and interferences of executive over judiciary is another finding of this paper.Apart from these shortcomings, judicial activism is a very important potential instrument of judiciary to protect and promote human rights and the rule of law in Bangladesh.Research limitations/implications - The major limitation of this paper is it is based on secondary sources of information. It would have more rich if periodical data can be used for comparing theory and practice.Practical implications - This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and promote human rights.Social implications - Social awareness can be build-up through NGOs and readers by disseminating and penetrating information of this paper's findings and recommendations.Originality/value - This paper would an unique and add new knowledge in the literature of public interest litigation and Human Rights Law in the context of Bangladesh.
Author: Hamiduddin Khan
Category: Justice, Administration of
This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals.
Author: M. Ehteshamul Bari
Publisher: Springer Nature
This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
Because section 54 gives such broad latitude for arrest without warrant, the law opens the way for abuse of the power to arrest. Odhikar, a Bangladeshi human rights organization, investigated section 54 arrests in four police stations ...
Publisher: Human Rights Watch
This unique & challenging volume is the result of a major international rights conference entitled Human Rights in the Twenty-First Century: A Global Challenge convened in Banff, Alberta, Canada in November 1990.
Author: Lars Adam Rehof
Publisher: Martinus Nijhoff Publishers
This unique & challenging volume is the result of a major international rights conference entitled Human Rights in the Twenty-First Century: A Global Challenge convened in Banff, Alberta, Canada in November 1990. The conference was supported & organized under the auspices of the Secretary-General of the Council of Europe, The European Court of Human Rights, the European Human Rights Commission, the Strasbourg Institute of Comparative Human Rights Law, the Alberta Law Foundation & the International Centre at the University of Calgary. Its main objectives were legal education & legal research, which were met by a total of 92 speakers representing 24 different nationalities presenting their views on 24 human rights topics. Women & participants from developing countries in particular, brought a new vision of human rights to topics as varied as reproductive technology, state violence, & biotechnology. The theme of this book is thus the interdependence of legal, social, economic & environmental problems which transcend national & international boundaries & the spirit of solidarity which is required to resolve them. Written by a team of international & renowned human experts, it will provide a substantial contribution to the legal literature on international human rights.
The Case of Bangladesh Chowdhury Ishrak Ahmed Siddiky. 29 with international human rights norms and standards. This broader aspect of the rule of law, which even binds the private century entities, discourse. now appears to be fully ...
Author: Chowdhury Ishrak Ahmed Siddiky
Category: Social Science
Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.
In the two cases mentioned, the PCA was asked to appoint the chair and act as registry. ... of the arbitral process and a turning point for business and human rights'.36 The new 2018 Bangladesh Accord incorporates the UNCITRAL Rules, ...
Author: Biondi, Andrea
Publisher: Edward Elgar Publishing
This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.
Beth Simmons too in her recent work has begun to look at the interaction between domestic civil society and ... Berger's account of the translation of the rule of law in Bangladesh (albeit not focused specifically on human rights): T.
Author: Gráinne de Búrca
Publisher: Oxford University Press
In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.
The country continues to confront major challenges of fostering a culture of democracy, human rights, and the rule of law as the politics of mutual distrust has reemerged with renewed strengths into Bangladesh's rather dysfunctional ...
Author: Dr Fahimul Quadir
Publisher: Ashgate Publishing, Ltd.
Category: Political Science
Providing much needed analytical context to explore the theoretical and empirical dimensions of the role of civil society in the democracy and development of Bangladesh, Civil Society in Asia brings together well established international authors to explore key ideas and debates from a wide range of disciplines. Through this the contributors raise intriguing questions about the prospects for liberal democracy and social development in a Muslim majority country.