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VOL. 6, ISSUE 5 (2020)
The role of Bangladesh judiciary in establishing and promoting the rule of law in the country: An evaluation
Authors
Md Milan Hossain, Asma Akter
Abstract
As an important organ of the state, the ultimate responsibility of the judiciary is to enforce and upgrade the rule of law in the State. For doing this, the judiciary either subordinate or higher is empowered to dispose of disputed matters among the litigants (between individual and individual, individuals and government) brought before the courts without any discrimination in the open courts in accordance with law or by law (Bangladesh Constitution, arts. 31 & 35); and the higher judiciary (the Supreme Court of Bangladesh) are also empowered by the Constitution under Article 102 to examine the actions of the executive, legislature or even the functions of the lower judiciary on the ground of ultra vires or arbitrary actions. Therefore, the judiciary must be separate and independent for discharging its onerous responsibility. Bangladesh Judiciary particularly judicial magistrate courts are formally separated on 1st Nov. 2007. After from this separation about 13 years have passed. Within the last several years particularly from 2008, what role the judiciary has discharged with a view to enforcing and upgrading the rule of law in the country, has been evaluated by applying mix methodology; from the study it is found that due to lack of effective separation and independence and other factors, the judiciary could not upgrade the rule of law in the said period though it has shown some positive role in the judicial pronouncements and directions for upgrading the rule of law and discharging mentionable disposal in case of criminal cases by judicial magistrates courts. It is also revealed that in upgrading the rule of law, the disposal rates of other courts are lesser than filing of cases in the said period which creates backlogs twice or thrice in comparison with pre-separation period and consequently it is not helpful anyway to upgrade the rule of law in the country.
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Pages:382-389
How to cite this article:
Md Milan Hossain, Asma Akter "The role of Bangladesh judiciary in establishing and promoting the rule of law in the country: An evaluation". International Journal of Law, Vol 6, Issue 5, 2020, Pages 382-389
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