Title : Judges as Legislators: Benevolent Exercise of Powers by the Higher Judiciary in Bangladesh with Not so Benevolent Consequences


Authors : Md. Rizwanul Islam


Journal Title: Oxford University Commonwealth Law Journal Volume Number: 16 Publication Year : 2016 Issue Number: 2
Index: scopus Ranking: Q4 ISSN: 14729342 Publisher Name: Taylor & Francis / Oxford University Press
Pages : 219-234
ISBN : 17409430
Funding Information:
Funding Source : None
Other Information:
Direct Sustainable Development Goals :
SDG16 Peace, Justice & Strong Institutions
Indirect Sustainable Development Goals :
SDG5 Gender Equality
Sustainable Development Sub Goals :
Promote rule of law and equal access to justice
Ensure public access to information and protect fundamental freedoms
Impact statement: This article examines the growing trend of judicial activism in Bangladesh, specifically analyzing how the higher judiciary’s intervention in legislative matters can undermine the democratic process. The study highlights the unintended consequences of judicial overreach, especially in terms of its impact on the separation of powers and the balance between the executive, legislative, and judicial branches. The article argues that while the judiciary’s intentions may be benevolent, its exercise of legislative powers poses significant challenges to the democratic framework, leading to potential risks of authoritarianism. Collaboration: None Keywords: • Judicial Activism • Judiciary • Legislative Powers • Separation of Powers • Constitutional Law • Bangladesh Judiciary •