Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences
This article was published in the Oxford University Commonwealth Law Journal [©2016 Published by Taylor and Francis] and the definite version is available at: http://dx.doi.org/10.1080/14729342.2016.1272943 The Article's website is at: http://www.tandfonline.com/doi/full/10.1080/14729342.2016....
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2016
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10361-67852017-02-27T10:04:17Z Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences Islam, Md. Rizwanul School of Law, BRAC University Separation of powers Judge-made law Bangladesh This article was published in the Oxford University Commonwealth Law Journal [©2016 Published by Taylor and Francis] and the definite version is available at: http://dx.doi.org/10.1080/14729342.2016.1272943 The Article's website is at: http://www.tandfonline.com/doi/full/10.1080/14729342.2016.1272943 Recently in Bangladesh, there is a discernible (albeit rare) trend of the Supreme Court passing directives to the government for making laws for redressing specific wrongs or addressing some issues of public importance. While this type of directives is apparently motivated by a benevolent desire for ensuring better governance, this paper argues that this is an affront to the well-established theory of separation of powers and leads to undesired consequences. Though not intentional, this practice of issuing directives effectively undermines the government as well as the overall political system of Bangladesh. Arguably, this sort of judgments projects an image that the political forces in Bangladesh are dysfunctional and indirectly cements the power and image of apolitical forces in Bangladesh, which in the long run corrodes democratic values and undermines, if not threatens, the prospect of a functioning democracy in Bangladesh. Published 2016-11-08T10:06:24Z 2016-11-08T10:06:24Z 2016 Article Islam, M. R. (2016). Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences. Oxford University Commonwealth Law Journal, 16(2), 219–234. doi:http://dx.doi.org/10.1080/14729342.2016.1272943 1472-9342 http://hdl.handle.net/10361/6785 http://dx.doi.org/10.1080/14729342.2016.1272943 en http://www.tandfonline.com/doi/full/10.1080/14729342.2016.1272943 © 2016 Oxford University Commonwealth Law Journal |
| institution |
Brac University |
| collection |
Institutional Repository |
| language |
English |
| topic |
Separation of powers Judge-made law Bangladesh |
| spellingShingle |
Separation of powers Judge-made law Bangladesh Islam, Md. Rizwanul Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| description |
This article was published in the Oxford University Commonwealth Law Journal [©2016 Published by Taylor and Francis] and the definite version is available at: http://dx.doi.org/10.1080/14729342.2016.1272943 The Article's website is at: http://www.tandfonline.com/doi/full/10.1080/14729342.2016.1272943 |
| author2 |
School of Law, BRAC University |
| author_facet |
School of Law, BRAC University Islam, Md. Rizwanul |
| format |
Article |
| author |
Islam, Md. Rizwanul |
| author_sort |
Islam, Md. Rizwanul |
| title |
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| title_short |
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| title_full |
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| title_fullStr |
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| title_full_unstemmed |
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences |
| title_sort |
judges as legislators: benevolent exercise of powers by the higher judiciary in bangladesh with not so benevolent consequences |
| publisher |
© 2016 Oxford University Commonwealth Law Journal |
| publishDate |
2016 |
| url |
http://hdl.handle.net/10361/6785 http://dx.doi.org/10.1080/14729342.2016.1272943 |
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AT islammdrizwanul judgesaslegislatorsbenevolentexerciseofpowersbythehigherjudiciaryinbangladeshwithnotsobenevolentconsequences |
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