Judicial Activism in Bangladesh/ a golden mean approach
Judicial Activism in Bangladesh/ a golden mean approach
Hoque, Ridwanul
- 1st ed.
- U.K.: Cambridge Scholars Publishing, 2011.
- xli,348p.
Chapter One
Introduction: Judicial Activism in Perspective
1.1 The wider context
1.2 Focus and scope of the study
1.3 The structure of the book
1.4 A brief note on methodology
Chapter Two...
Dominant Legal Theories, Separation of Powers, and Judicial Activism:
The Need for a New Approach
2.1 Deficiencies of existing legal theories and jurisprudence
2.2 Separation of powers and judicial activism: Conflict
or congruence?
2.3 Existing debates about the judicial role
2.4 A new approach to legal theories, separation of powers
and the judicial role
Chapter Three.
Judicial Activism in a Global Context
3.1 Judicial activism in the USA and the UK
3.2 Judicial activism in South Africa
3.3 Judicial activism in India
3.4 Judicial activism in Pakistan
Chapter Four.
Development of Constitutionalism and Judicial Activism in Bangladesh:
A Critical Analysis
4.1 The Constitution and the legal system of Bangladesh: The missing
transformaliveness
4.2 The place of the judiciary under the Constitution
4.3 Judicial activism in the formative years: Kazi Miikhlesur Rahman
and the aborted seeds of activism
4.4 Extra-constitutional regimes (1975-1990): Judicial abdication of
responsibility
4.5 The winds of judicial activism (1989): The basic structure doctrine
4.6 After democratic restoration (1991 -): People as a central focus?
Chapter Five.
Public Interest Judicial Activism in Bangladesh: Beyond Access to Justice
5.1 The delayed birth of public interest litigation
5.2 Public interest rights litigation: Measuring judicial activism
5.3 Siio judicial intervention: Public interest at work
5.4 Public interest constitutionalism litigation: The new public face
of the judiciary
5.5 Post-emergency public interest judicial activism
5.6 The problems of PIL-based judicial activism in Bangladesh
5.7 Fundamental rights and fundamental state policy principles:
Bridging the divide
Chapter Six.
Judicial (In)activism during the 2007 Emergency
6.1 Emergency and the Constitution of Bangladesh
6.2 Emergency and the role of courts
6.3 The 2007 Emergency in Bangladesh; Judicial passivity
or submissivism?
6.4 Judicial role during the 2007 Emergency: A critique
6.5 Post-emergency new judicial activism
Chapter Seven..
Overcoming the Barriers of Judicial Agency: Changing Discourses
of Remedial Expansion and Comparativism
7.1 Factors retarding judicial activism
7.2 Strategic factors that enhance judicial activism
7.3 Comparativism as activism
Chapter Eight
Conclusions: Towards Golden Mean Judicial Activism
8.1 Summary of the findings
8.2 Balanced and contextualised judicial activism
8.3 Judicial activism in Bangladesh: The way forward
9781443827331
320.95492 / HOQ/J
Chapter One
Introduction: Judicial Activism in Perspective
1.1 The wider context
1.2 Focus and scope of the study
1.3 The structure of the book
1.4 A brief note on methodology
Chapter Two...
Dominant Legal Theories, Separation of Powers, and Judicial Activism:
The Need for a New Approach
2.1 Deficiencies of existing legal theories and jurisprudence
2.2 Separation of powers and judicial activism: Conflict
or congruence?
2.3 Existing debates about the judicial role
2.4 A new approach to legal theories, separation of powers
and the judicial role
Chapter Three.
Judicial Activism in a Global Context
3.1 Judicial activism in the USA and the UK
3.2 Judicial activism in South Africa
3.3 Judicial activism in India
3.4 Judicial activism in Pakistan
Chapter Four.
Development of Constitutionalism and Judicial Activism in Bangladesh:
A Critical Analysis
4.1 The Constitution and the legal system of Bangladesh: The missing
transformaliveness
4.2 The place of the judiciary under the Constitution
4.3 Judicial activism in the formative years: Kazi Miikhlesur Rahman
and the aborted seeds of activism
4.4 Extra-constitutional regimes (1975-1990): Judicial abdication of
responsibility
4.5 The winds of judicial activism (1989): The basic structure doctrine
4.6 After democratic restoration (1991 -): People as a central focus?
Chapter Five.
Public Interest Judicial Activism in Bangladesh: Beyond Access to Justice
5.1 The delayed birth of public interest litigation
5.2 Public interest rights litigation: Measuring judicial activism
5.3 Siio judicial intervention: Public interest at work
5.4 Public interest constitutionalism litigation: The new public face
of the judiciary
5.5 Post-emergency public interest judicial activism
5.6 The problems of PIL-based judicial activism in Bangladesh
5.7 Fundamental rights and fundamental state policy principles:
Bridging the divide
Chapter Six.
Judicial (In)activism during the 2007 Emergency
6.1 Emergency and the Constitution of Bangladesh
6.2 Emergency and the role of courts
6.3 The 2007 Emergency in Bangladesh; Judicial passivity
or submissivism?
6.4 Judicial role during the 2007 Emergency: A critique
6.5 Post-emergency new judicial activism
Chapter Seven..
Overcoming the Barriers of Judicial Agency: Changing Discourses
of Remedial Expansion and Comparativism
7.1 Factors retarding judicial activism
7.2 Strategic factors that enhance judicial activism
7.3 Comparativism as activism
Chapter Eight
Conclusions: Towards Golden Mean Judicial Activism
8.1 Summary of the findings
8.2 Balanced and contextualised judicial activism
8.3 Judicial activism in Bangladesh: The way forward
9781443827331
320.95492 / HOQ/J