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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...
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
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 Banglad...
This book studies the first 50 years of Bangladesh politics since independence. It looks at Bangladesh politics as a unique case for study to analyze and understand the role of institutions, political parties, the election commission, election-time government, judiciary, the media, etc. The volume cross-examines the 1971 War of Liberation and the brutal killing of the republic’s founding father in 1975 as the two great divides that crystallized in the political arena between the Awami League on the one side and the BNP and Jamaat-e-Islami on the other. Through deep dives on major historical events and key political developments that have since shaped Bangladesh’s entire society and politics, it then delves into topics including the parliament, electoral integrity, civil society, and politics as they take on a confrontational course. An incisive study on major struggles, achievements, and challenges faced by Bangladesh in the 20th century, this volume will be of great interest to scholars and researchers in political science, democracy, modern history, and South Asia studies.
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstituti...
This publication contains case studies on human and minority rights in the South Asian countries, including a special focus on the South Asian Association for Regional Cooperation (SAARC), and articles on different forms of National Human Rights Commission and Immigration to the UK and «new minorities». It is further complemented by an in-depth study on Autonomy, Kashmir and International Law. Assembling articles authored by leading scholars from both South Asia and Europe, the book will contribute to a mutual exchange of views on human and minority rights issues in South Asia. In particular, the book is aimed at increasing awareness and understanding of current developments in South Asia and, on this basis, at enhancing a constructive dialogue between representatives of the scientific community, policy-makers and civil society in Europe and their counterparts in South Asia.