Bangladesh Journal Of Law
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Bangladesh Journal Of Law
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Author :
language : en
Publisher:
Release Date : 2007
Bangladesh Journal Of Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Law And International Affairs
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Author :
language : en
Publisher:
Release Date : 1989
Law And International Affairs written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with International law categories.
The Constitutional Law Of Bangladesh
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Author : M Rafiqul Islam
language : en
Publisher: Springer Nature
Release Date : 2023-07-25
The Constitutional Law Of Bangladesh written by M Rafiqul Islam and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Law categories.
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.
The Rule Of Law In Developing Countries
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Author : Chowdhury Ishrak Ahmed Siddiky
language : en
Publisher: Routledge
Release Date : 2018-02-12
The Rule Of Law In Developing Countries written by Chowdhury Ishrak Ahmed Siddiky and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Social Science categories.
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.
Judicial Activism In Bangladesh
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Author : Ridwanul Hoque
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2011-01-18
Judicial Activism In Bangladesh written by Ridwanul Hoque and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Law categories.
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)
The Independence Of The Judiciary In Bangladesh
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2021-12-01
The Independence Of The Judiciary In Bangladesh written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-01 with Law categories.
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.
Journal Of International Affairs
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Author :
language : en
Publisher:
Release Date : 2005
Journal Of International Affairs written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Bangladesh categories.
States Of Emergency And The Law
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Author : M. Ehteshamul Bari
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-06
States Of Emergency And The Law written by M. Ehteshamul Bari and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Law categories.
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
States Of Emergency And The Law
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Author : M. Ehteshamul Bari
language : en
Publisher: Routledge
Release Date : 2020-08-14
States Of Emergency And The Law written by M. Ehteshamul Bari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-14 with categories.
In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution's provisions concerning the proclamation of emergency, suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.
Asian Yearbook Of International Law Volume 23 2017
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Author : Seokwoo Lee
language : en
Publisher: BRILL
Release Date : 2019-12-16
Asian Yearbook Of International Law Volume 23 2017 written by Seokwoo Lee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.