Judicial Activism in Bangladesh

Judicial Activism in Bangladesh
Author: Ridwanul Hoque
Publisher: Cambridge Scholars Publishing
Total Pages: 395
Release: 2011-01-18
Genre: Law
ISBN: 144382822X

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)

Judicial Activism in Comparative Perspective

Judicial Activism in Comparative Perspective
Author: Kenneth M. Holland
Publisher: Springer
Total Pages: 230
Release: 1991-06-18
Genre: Law
ISBN: 1349117749

The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

Judicial Activism

Judicial Activism
Author: Christopher Wolfe
Publisher: Rowman & Littlefield
Total Pages: 168
Release: 1997
Genre: Law
ISBN: 9780847685318

In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

Proportionality and Judicial Activism

Proportionality and Judicial Activism
Author: Niels Petersen
Publisher: Cambridge University Press
Total Pages: 261
Release: 2017-03-02
Genre: Law
ISBN: 1107177987

This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Radical Deprivation on Trial

Radical Deprivation on Trial
Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
Total Pages: 235
Release: 2015-10-22
Genre: Law
ISBN: 1107078881

Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

The Rise of Modern Judicial Review

The Rise of Modern Judicial Review
Author: Christopher Wolfe
Publisher: Rowman & Littlefield Publishers
Total Pages: 463
Release: 1994-03-29
Genre: Philosophy
ISBN: 1461645468

This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.

The Cycles of Constitutional Time

The Cycles of Constitutional Time
Author: Jack M. Balkin
Publisher: Oxford University Press, USA
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0197530990

"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

Making Law

Making Law
Author: Peter H. Irons
Publisher:
Total Pages:
Release: 1991-09-01
Genre:
ISBN: 9780029156711

American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.