Bangladesh Journal Of Law

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Bangladesh Journal of Law

Author : Anonim
Publisher : Unknown
Page : 334 pages
File Size : 55,5 Mb
Release : 2007
Category : Law
ISBN : UOM:39015081497813

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Bangladesh Journal of Law by Anonim Pdf

Judicial Activism in Bangladesh

Author : Ridwanul Hoque
Publisher : Cambridge Scholars Publishing
Page : 395 pages
File Size : 55,7 Mb
Release : 2011-01-18
Category : Law
ISBN : 9781443828222

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Judicial Activism in Bangladesh by Ridwanul Hoque Pdf

This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Law and International Affairs

Author : Anonim
Publisher : Unknown
Page : 242 pages
File Size : 46,6 Mb
Release : 1989
Category : International law
ISBN : UOM:39015077207184

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Law and International Affairs by Anonim Pdf

The Constitutional Law of Bangladesh

Author : M Rafiqul Islam,Muhammad Ekramul Haque
Publisher : Springer Nature
Page : 439 pages
File Size : 46,5 Mb
Release : 2023-07-25
Category : Law
ISBN : 9789819925797

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The Constitutional Law of Bangladesh by M Rafiqul Islam,Muhammad Ekramul Haque Pdf

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

Cyber Law in Bangladesh

Author : Mohammad Ershadul Karim
Publisher : Kluwer Law International B.V.
Page : 353 pages
File Size : 48,9 Mb
Release : 2022-05-20
Category : Law
ISBN : 9789403545509

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Cyber Law in Bangladesh by Mohammad Ershadul Karim Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in the Bangladesh covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Bangladesh will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

States of Emergency and the Law

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
Page : 282 pages
File Size : 55,8 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781351685924

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States of Emergency and the Law by M. Ehteshamul Bari Pdf

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

Criminal Sentencing in Bangladesh

Author : Muhammad Mahbubur Rahman
Publisher : BRILL
Page : 460 pages
File Size : 42,9 Mb
Release : 2017-03-27
Category : Law
ISBN : 9789004341937

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Criminal Sentencing in Bangladesh by Muhammad Mahbubur Rahman Pdf

Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.

Bangladesh and International Law

Author : Mohammad Shahabuddin
Publisher : Routledge
Page : 274 pages
File Size : 47,7 Mb
Release : 2021-02-22
Category : Social Science
ISBN : 9781000345261

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Bangladesh and International Law by Mohammad Shahabuddin Pdf

This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.

The Politics of Terrorism and Counterterrorism in Bangladesh

Author : Saimum Parvez,Mohammad Sajjadur Rahman
Publisher : Taylor & Francis
Page : 207 pages
File Size : 50,7 Mb
Release : 2022-12-30
Category : Social Science
ISBN : 9781000803747

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The Politics of Terrorism and Counterterrorism in Bangladesh by Saimum Parvez,Mohammad Sajjadur Rahman Pdf

This book examines contemporary issues and debates of terrorism in Bangladesh, including national and transnational terrorist outfits operating within the country, their narratives and counternarratives, ideologues, women and the youth, media representation, counterterrorism laws, and challenges. Bangladesh is a fascinating and often paradoxical case study for terrorism studies. The book examines major terrorist groups in contemporary Bangladesh and their international connections and narratives, as well as a case study of an influential ideologue who encouraged some Bangladeshis to engage in violence. The chapters discuss how women and youth play a role in Bangladeshi terrorism, how the internet is used for recruiting terrorists, the discourses of the media and state regarding terrorism, as well as the politics of law and counterterrorism initiatives, including critically evaluating non-state actors and government responses. In addition to providing an up-to-date analysis of terrorism and counterterrorism in Bangladesh, this book offers a balanced and unbiased perspective on this subject. It will appeal to academics and international policymakers who are researching violence and extremism in South Asia.

The Rule of Law in Developing Countries

Author : Chowdhury Ishrak Ahmed Siddiky
Publisher : Routledge
Page : 214 pages
File Size : 45,7 Mb
Release : 2018-02-12
Category : Social Science
ISBN : 9781351273541

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The Rule of Law in Developing Countries by Chowdhury Ishrak Ahmed Siddiky Pdf

Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.

Minority Rights in South Asia

Author : Rainer Hofmann,Ugo Caruso
Publisher : Peter Lang
Page : 228 pages
File Size : 53,5 Mb
Release : 2011
Category : Human rights
ISBN : 3631609167

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Minority Rights in South Asia by Rainer Hofmann,Ugo Caruso Pdf

This publication contains case studies on human and minority rights in the South Asian countries, including a special focus on the South Asian Association for Regional Cooperation (SAARC), and articles on different forms of National Human Rights Commission and Immigration to the UK and «new minorities». It is further complemented by an in-depth study on Autonomy, Kashmir and International Law. Assembling articles authored by leading scholars from both South Asia and Europe, the book will contribute to a mutual exchange of views on human and minority rights issues in South Asia. In particular, the book is aimed at increasing awareness and understanding of current developments in South Asia and, on this basis, at enhancing a constructive dialogue between representatives of the scientific community, policy-makers and civil society in Europe and their counterparts in South Asia.

Asian Yearbook of International Law, Volume 23 (2017)

Author : Seokwoo Lee,Hee Eun Lee
Publisher : BRILL
Page : 343 pages
File Size : 54,9 Mb
Release : 2019-12-16
Category : Law
ISBN : 9789004415829

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Asian Yearbook of International Law, Volume 23 (2017) by Seokwoo Lee,Hee Eun Lee Pdf

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

International Law and Domestic Legal Systems

Author : Dinah Shelton
Publisher : Oxford University Press
Page : 749 pages
File Size : 51,8 Mb
Release : 2011-09-29
Category : Law
ISBN : 9780199694907

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International Law and Domestic Legal Systems by Dinah Shelton Pdf

By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

Strengthening Family Courts

Author : Dr. Zahidul Islam
Publisher : Dr Zahidul Islam
Page : 28 pages
File Size : 48,8 Mb
Release : 2006-11-01
Category : Law
ISBN : 8210379456XXX

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Strengthening Family Courts by Dr. Zahidul Islam Pdf

The purpose of establishment of Family Courts in Bangladesh was to ensure a quick, effective and amicable disposal of some of the family matters, which the traditional civil courts had failed to successfully deal with. Unfortunately, the noble aim of introducing Family Courts has not been expectantly achieved though already more than two decades have passed after the courts’ coming into operation. There are many and diverse type of reasons behind such letdown. Given the socio-economic grounds, the procedural as well as substantive loopholes in the ordinance and related laws are not negligible. Besides, there are some misconceptions. This book endeavours to examine those confusions, uncertainties and misconceptions in the light of judicial decisions of the country’s higher courts.

Civil Remedies and Human Rights in Flux

Author : Ekaterina Aristova,Ugljesa Grusic
Publisher : Bloomsbury Publishing
Page : 456 pages
File Size : 55,8 Mb
Release : 2022-02-24
Category : Political Science
ISBN : 9781509947607

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Civil Remedies and Human Rights in Flux by Ekaterina Aristova,Ugljesa Grusic Pdf

What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.