Judicial Activism In Bangladesh

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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)

Asian Courts In Context

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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015

Asian Courts In Context written by Jiunn-rong Yeh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Muslim Family Law Secular Courts And Muslim Women Of India Pakistan And Bangladesh

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Author : Alamgir Muhammad Serajuddin
language : en
Publisher: OUP Pakistan
Release Date : 2011-02-24

Muslim Family Law Secular Courts And Muslim Women Of India Pakistan And Bangladesh written by Alamgir Muhammad Serajuddin and has been published by OUP Pakistan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.

Muslim family law is based on patriarchal family organization and male privileges, leading to legal and social discrimination against women, which is incompatible with contemporary notions of gender equality and social justice. By giving a liberal and pro-active interpretation to this law within the Islamic framework, the South Asian judiciary has shown that it is possible to adapt it to the needs of a forward-looking Muslim society. The book examines the extent to which judicial interpretation has liberalized this law, enlarged the dimensions of Muslim women's rights and contributed to secure gender equality and social justice to them. The book also argues that in the absence of legislation reflecting the ijma or consensus of the Muslim community, judicial activism is the only alternative agent of social change.

Judicial Activism And Social Change

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Author : K. L. Bhatia
language : en
Publisher:
Release Date : 1990

Judicial Activism And Social Change written by K. L. Bhatia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with India categories.

The Myth Of Judicial Activism

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Author : Kermit Roosevelt
language : en
Publisher: Yale University Press
Release Date : 2008-01-01

The Myth Of Judicial Activism written by Kermit Roosevelt and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

Bangladesh Journal Of Law

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Author :
language : en
Publisher:
Release Date : 2002

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 2002 with Law categories.

From Patriarchy To Gender Equity

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Author :
language : en
Publisher:
Release Date : 1994

From Patriarchy To Gender Equity written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Domestic relations categories.

Proportionality And Judicial Activism

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Author : Niels Petersen
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-02

Proportionality And Judicial Activism written by Niels Petersen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.

This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Judicial Activism At The European Court Of Justice

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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01

Judicial Activism At The European Court Of Justice written by Bruno de Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.

ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

Asia Pacific Judiciaries

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Author : H. P. Lee
language : en
Publisher: Cambridge University Press
Release Date : 2018

Asia Pacific Judiciaries written by H. P. Lee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.

Explores judicial independence, integrity and impartiality in Asia-Pacific countries.