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Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 48
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Book Description
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 48
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Book Description
Author: Ridwanul Hoque
Publisher: Cambridge Scholars Publishing
ISBN: 144382822X
Category : Law
Languages : en
Pages : 395
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Book Description
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: Nagendra Kr. Singh
Publisher:
ISBN: 9788126115921
Category : Constitutional law
Languages : en
Pages : 320
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Book Description
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.
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis
ISBN: 1351685929
Category : Law
Languages : en
Pages : 282
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Book Description
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
Author: Dilara Choudhury
Publisher:
ISBN:
Category : Bangladesh
Languages : en
Pages : 258
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Book Description
Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633
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Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415
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Book Description
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: Willem van Schendel
Publisher: Cambridge University Press
ISBN: 1108620337
Category : History
Languages : en
Pages : 459
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Book Description
Bangladesh did not exist as an independent state until 1971. Willem van Schendel's state-of-the-art history navigates the extraordinary twists and turns that created modern Bangladesh through ecological disaster, colonialism, partition, a war of independence and cultural renewal. In this revised and updated edition, Van Schendel offers a fascinating and highly readable account of life in Bangladesh over the last two millennia. Based on the latest academic research and covering the numerous historical developments of the 2010s, he provides an eloquent introduction to a fascinating country and its resilient and inventive people. A perfect survey for travellers, expats, students and scholars alike.
Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Category : Law
Languages : en
Pages : 473
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Book Description
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author: Aarif Abraham
Publisher: BoD – Books on Demand
ISBN: 3838215168
Category : Political Science
Languages : en
Pages : 382
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Book Description
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
