The Independence of the Judiciary in Bangladesh: Exploring the Gap Between Theory and Practice

This book emphasizes the importance of an independent judiciary in a democratic society, highlighting the need for transparent appointment and tenure security of judges. The Constitution of Bangladesh, 1972, incorporated this ideal, but the key elements have not been adequately guaranteed. This book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary and provides recommendations for inserting detailed norms in the Constitution to establish the best means for excluding patronage appointments and guaranteeing the security of tenure of judges.

Format: Hardback
Length: 181 pages
Publication date: 02 December 2021
Publisher: Springer Verlag, Singapore

This book underscores the critical importance of an independent judiciary for the survival of any society rooted in democratic principles, such as the enforcement of the rule of law and the protection of individual human rights. To ensure that the judiciary's interpretation of the law remains free from undue influence by the executive branch and can hold the executive accountable by safeguarding the lives and liberties of the governed, it is imperative to guarantee several key elements. These include a transparent method of appointment for judges and the assurance of their secure tenure.

In the context of a democratic society, the framers of the Constitution of Bangladesh, 1972, followed in the footsteps of their counterparts in India and Pakistan by incorporating the ideal of safeguarding the independence of the judiciary as one of its fundamental features. However, this book makes it evident that the Constitution has not adequately provided the necessary guarantees to realize this ideal. Consequently, this book sheds light on how subsequent generations of executives have attempted to undermine the independence of the judiciary.

To address this issue, this book offers recommendations for the inclusion of detailed norms in the Constitution of Bangladesh to establish the most effective means for excluding patronage appointments to the bench and for ensuring the security of tenure for judges. By incorporating such norms, this book aims to safeguard the independence of the superior judiciary, enabling it to decide cases without fear or favor.

This book seeks to bridge the gap that exists between the theoretical understanding and practical implementation of the independence of the judiciary in Bangladesh. It recognizes that no book can provide a comprehensive and definitive account of this complex subject, and therefore encourages further research and discussion. By raising awareness about the importance of an independent judiciary and advocating for necessary reforms, this book contributes to the ongoing efforts to strengthen the rule of law and promote democratic values in Bangladesh.

Weight: 471g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811662218
Edition number: 1st ed. 2022