Judicial Activism in Bangladesh

Judicial Activism in Bangladesh
Author: Ridwanul Hoque
Publisher: Cambridge Scholars Publishing
Total Pages: 395
Release: 2011-01-18
Genre: Law
ISBN: 144382822X

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Bangladesh: Constitution, Law And Justice

Bangladesh: Constitution, Law And Justice
Author: Nagendra Kr. Singh
Publisher:
Total Pages: 320
Release: 2003-01-01
Genre: Constitutional law
ISBN: 9788126115921

As A Obvious From The Name Of The Title The Present Book Gives And Elaborate Account Of Bangladesh Constitution, Law And Justice. The Major Topics Contained Herein Are The Constitution Of East Pakistan(1956); Abrogating Constitution And Declaring Martial Law (1962); Constitutional Department (1972-1982); Constitution Of Bangladesh; Constitutional Aspects; The First Constitution Based On The 6-Point Formula, The Sea S Law; The Judiciary; The Domestic Jurisdiction; Domestic Jurisdiction On Liberation Movement; Humanitarian Intervention And International Law; Un Convention On The Crime Of Genocide; State Of Constitutional Politics; Council Structure Of East Pakistan; Crime Against Humanity Etc.Academics In The Field Of Law, Politics, History, Public Administration And International Relations Besides The Policy Planners Will Find This Book Useful And Informative.

The Constitutional Law of Bangladesh

The Constitutional Law of Bangladesh
Author: M Rafiqul Islam
Publisher: Springer Nature
Total Pages: 439
Release: 2023-07-25
Genre: Law
ISBN: 9819925797

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

States of Emergency and the Law

States of Emergency and the Law
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis
Total Pages: 282
Release: 2017-07-06
Genre: Law
ISBN: 1351685929

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

Unstable Constitutionalism

Unstable Constitutionalism
Author: Mark Tushnet
Publisher: Cambridge University Press
Total Pages: 415
Release: 2015-09-17
Genre: Law
ISBN: 1107068959

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

On Reading the Constitution

On Reading the Constitution
Author: Laurence H. TRIBE
Publisher: Harvard University Press
Total Pages: 157
Release: 2009-06-30
Genre: Political Science
ISBN: 0674044452

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Total Pages: 281
Release: 2019-04-29
Genre: Law
ISBN: 0674986954

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

The Constitution in Conflict

The Constitution in Conflict
Author: Robert A. Burt
Publisher: Harvard University Press
Total Pages: 492
Release: 1992
Genre: Law
ISBN: 9780674165366

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.