Abstract
In Bangladesh, the separation of the judiciary and its independence are constitutional mandates repeatedly declared in the judicial pronouncements; but no effective steps were taken by any governments before 2007. In order to fulfill the constitutional mandates and mandatory directions of the judgment of the Masdar Hossain case, the judiciary, particularly judicial magistrate courts were formally separated from the executive on 1st November 2007. More than 12 years have gone since the formal separation of the judiciary from the executive. Under these circumstances, this paper has been conducted to reveal whether all directions of Masdar Hossain case have been implemented and true separation of the judiciary from the executive or the legislature was established. From the analysis of the study, the findings as revealed are negative; therefore, the barriers have also been identified and explored in the paper.
Highlights
Separation of the judiciary is an important principle of an effective judiciary, without which the independence of judiciary is not possible to be established in a country and if the judiciary is not independent, the citizen’s rights, it may presume, may be violated; rule of law is impossible to be ensured there
In Bangladesh, the separation of the judiciary and its independence are constitutional mandates repeatedly declared in the judicial pronouncements; but no effective steps were taken by any governments before 2007
In order to fulfill the constitutional mandates and mandatory directions of the judgment of the Masdar Hossain case, the judiciary, judicial magistrate courts were formally separated from the executive on 1st November 2007
Summary
In Bangladesh, the separation of the judiciary and its independence are constitutional mandates repeatedly declared in the judicial pronouncements; but no effective steps were taken by any governments before 2007. In order to fulfill the constitutional mandates and mandatory directions of the judgment of the Masdar Hossain case, the judiciary, judicial magistrate courts were formally separated from the executive on 1st November 2007. More than 12 years have gone since the formal separation of the judiciary from the executive. Under these circumstances, this paper has been conducted to reveal whether all directions of Masdar Hossain case have been implemented and true separation of the judiciary from the executive or the legislature was established.
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callSimilar Papers
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
