The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: advocating the establishment of an Independent Judicial Commission

Bari, M. Ehteshamul 2014, The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: advocating the establishment of an Independent Judicial Commission, International review of law, vol. 2014, no. 1, pp. 1-17, doi: 10.5339/irl.2014.1.

Attached Files
Name Description MIMEType Size Downloads

Title The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: advocating the establishment of an Independent Judicial Commission
Author(s) Bari, M. EhteshamulORCID iD for Bari, M. Ehteshamul orcid.org/0000-0001-8347-6992
Journal name International review of law
Volume number 2014
Issue number 1
Start page 1
End page 17
Total pages 17
Publisher Bloomsbury Qatar Foundation Journals
Place of publication Doha, Qatar
Publication date 2014-01
ISSN 2223-859X
Keyword(s) substantive independence of the judiciary
Supreme Judicial Commission of Bangladesh
patronage appointments
Summary In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary.
Language eng
DOI 10.5339/irl.2014.1
Field of Research 180120 Legal Institutions (incl Courts and Justice Systems)
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2014, The Author
Persistent URL http://hdl.handle.net/10536/DRO/DU:30079504

Document type: Journal Article
Collection: Law
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 0 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 130 Abstract Views, 2 File Downloads  -  Detailed Statistics
Created: Thu, 12 Nov 2015, 23:47:00 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.