The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission
In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any a...
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| Format: | Article |
| Language: | Arabic |
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Qatar University Press
2014-01-01
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| Series: | International Review of Law |
| Subjects: | |
| Online Access: | https://185.37.108.12/index.php/IRL/article/view/1251 |
| _version_ | 1829118261211430912 |
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| author | M. Ehteshamul Bari |
| author_facet | M. Ehteshamul Bari |
| author_sort | M. Ehteshamul Bari |
| collection | DOAJ |
| description | In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary. |
| first_indexed | 2024-12-13T10:23:45Z |
| format | Article |
| id | doaj.art-c3d1cb0edacf4f7992007c632d07043c |
| institution | Directory Open Access Journal |
| issn | 2710-2505 2223-859X |
| language | Arabic |
| last_indexed | 2024-12-13T10:23:45Z |
| publishDate | 2014-01-01 |
| publisher | Qatar University Press |
| record_format | Article |
| series | International Review of Law |
| spelling | doaj.art-c3d1cb0edacf4f7992007c632d07043c2022-12-21T23:51:06ZaraQatar University PressInternational Review of Law2710-25052223-859X2014-01-0120141The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission M. Ehteshamul BariIn order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary.https://185.37.108.12/index.php/IRL/article/view/1251substantive independence of the judiciarySupreme Judicial Commission of Bangladeshpatronage appointments |
| spellingShingle | M. Ehteshamul Bari The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission International Review of Law substantive independence of the judiciary Supreme Judicial Commission of Bangladesh patronage appointments |
| title | The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission |
| title_full | The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission |
| title_fullStr | The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission |
| title_full_unstemmed | The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission |
| title_short | The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: Advocating the establishment of an Independent Judicial Commission |
| title_sort | natural death of the supreme judicial commission of bangladesh and the consequent patronage appointments to the bench advocating the establishment of an independent judicial commission |
| topic | substantive independence of the judiciary Supreme Judicial Commission of Bangladesh patronage appointments |
| url | https://185.37.108.12/index.php/IRL/article/view/1251 |
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