Judicial Activism And Human Rights In Bangladesh PDF Download
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Author | : Ridwanul Hoque |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 395 |
Release | : 2011-01-18 |
Genre | : Law |
ISBN | : 144382822X |
Download Judicial Activism in Bangladesh Book in PDF, ePub and Kindle
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)
Author | : Md. Awal Hossain Mollah |
Publisher | : |
Total Pages | : 20 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download Judicial Activism and Human Rights in Bangladesh Book in PDF, ePub and Kindle
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 | : César Rodríguez-Garavito |
Publisher | : Cambridge University Press |
Total Pages | : 235 |
Release | : 2015-10-22 |
Genre | : Law |
ISBN | : 1107078881 |
Download Radical Deprivation on Trial Book in PDF, ePub and Kindle
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author | : Jiunn-rong Yeh |
Publisher | : Cambridge University Press |
Total Pages | : 633 |
Release | : 2015 |
Genre | : Law |
ISBN | : 1107066085 |
Download Asian Courts in Context Book in PDF, ePub and Kindle
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author | : Seokwoo Lee |
Publisher | : BRILL |
Total Pages | : 343 |
Release | : 2019-12-16 |
Genre | : Law |
ISBN | : 9004415823 |
Download Asian Yearbook of International Law, Volume 23 (2017) Book in PDF, ePub and Kindle
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.
Author | : Kermit Roosevelt |
Publisher | : Yale University Press |
Total Pages | : 272 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 0300129564 |
Download The Myth of Judicial Activism Book in PDF, ePub and Kindle
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.
Author | : Niels Petersen |
Publisher | : Cambridge University Press |
Total Pages | : 261 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1107177987 |
Download Proportionality and Judicial Activism Book in PDF, ePub and Kindle
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author | : David R. Boyd |
Publisher | : UBC Press |
Total Pages | : 470 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0774821639 |
Download The Environmental Rights Revolution Book in PDF, ePub and Kindle
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author | : Satyaranjan Purushottam Sathe |
Publisher | : Oxford University Press, USA |
Total Pages | : 372 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Download Judicial Activism in India Book in PDF, ePub and Kindle
This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.
Author | : Jona Razzaque |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 554 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9041122141 |
Download Public Interest Environmental Litigation in India, Pakistan, and Bangladesh Book in PDF, ePub and Kindle
This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.