You are not logged in.

Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court : a convenient means to a politicized bench

Bari, M. Ehteshamul (Tanim) 2016, Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court : a convenient means to a politicized bench, San Diego international law journal, vol. 18, no. 1, pp. 33-76.

Attached Files
Name Description MIMEType Size Downloads

Title Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court : a convenient means to a politicized bench
Author(s) Bari, M. Ehteshamul (Tanim)ORCID iD for Bari, M. Ehteshamul (Tanim) orcid.org/0000-0001-8347-6992
Journal name San Diego international law journal
Volume number 18
Issue number 1
Start page 33
End page 76
Total pages 44
Publisher University of San Diego, School of Law
Place of publication San Diego, Calif.
Publication date 2016-12
ISSN 1539-7904
Summary The Constitution of Bangladesh has provided the President with the unfettered power to appoint the Chief Justice of Bangladesh. However, the President is required by the Constitution to act on the advice of the Prime Minister, after consulting the Chief Justice, in appointing the puisne judges of the Supreme Court - the apex court of the nation. This Article finds that in the absence of any specific constitutional provisions specifying that the senior-most judge of the Appellate Division - the higher Division of the Supreme Court - should be appointed as the Chief Justice, a convention to this effect was developed for ensuring that extraneous considerations did not play a part in the pivotal appointment of the Chief Justice. In the same vein, a convention of appointing the senior-most judges of the High Court Division, which is the lower Division of the Supreme Court, as the judges of the Appellate Division was developed. But both these conventions have been transgressed at regular intervals by succeeding generations of executives, particularly by the current one, for politicizing the superior judiciary of the nation, thereby undermining its credibility in the eyes of the litigants as an impartial arbitrator of disputes. Accordingly, this article concludes that in order to exclude the possibility of appointments on extraneous considerations, the principles of appointing the Chief Justice and the other judges of the Appellate Division on the basis of seniority should be inserted in the Constitution by means of an amendment.
Language eng
Field of Research 180108 Constitutional Law
1801 Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, University of San Diego, School of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30088927

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: 73 Abstract Views, 4 File Downloads  -  Detailed Statistics
Created: Tue, 15 Nov 2016, 21:22:44 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.