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Establishment of judicial commissions in Malaysia and Bangladesh to strengthen the constitutional process of appointment of the higher judiciary: a comparative study

Bari, M. Ehteshamul (Tanim) and Shamsuddin, Johan Shamsuddin Bin 2013, Establishment of judicial commissions in Malaysia and Bangladesh to strengthen the constitutional process of appointment of the higher judiciary: a comparative study, Journal of Malaysian and comparative law, vol. 40, no. 1, pp. 87-107.


Title Establishment of judicial commissions in Malaysia and Bangladesh to strengthen the constitutional process of appointment of the higher judiciary: a comparative study
Author(s) Bari, M. Ehteshamul (Tanim)ORCID iD for Bari, M. Ehteshamul (Tanim) orcid.org/0000-0001-8347-6992
Shamsuddin, Johan Shamsuddin Bin
Journal name Journal of Malaysian and comparative law
Volume number 40
Issue number 1
Start page 87
End page 107
Total pages 21
Publisher University of Malaya
Place of publication Malaysia
Publication date 2013
ISSN 0126-6322
Summary In order to strengthen the constitutional process of appointment of judges in Superior Courts, Malaysia by enacting an Act in 2009 established the Judicial Appointments Commission and Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Act/Ordinance was neither passed/ promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the both the Commissions were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Judicial Appointments Commission/Supreme Judicial Commission at his pleasure defeats the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Malaysia and Bangladesh.
Language eng
Field of Research 180108 Constitutional Law
1801 Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2013, University of Malaya
Persistent URL http://hdl.handle.net/10536/DRO/DU:30088989

Document type: Journal Article
Collection: Law
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