NSU Research Contributions
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 Source : None |
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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 • |