CEU Electronic Theses and Dissertations, 2017
Author | Islam, Md Rabiul |
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Title | The Quest of Judicial Independence: An Analysis of the Removal of Supreme Court Judges in Bangladesh in the Light of Legal Practices in the US and Canada |
Summary | To ensure the rule of law throughout a democratic process, the independence of judiciary is significantly apposite to confirming the constitutional commitment of the government. In the expedition of democratization, any attempt to curbing judicial independence is, of course, a fundamental challenge to an emerging democracy like Bangladesh. It may engender potential risks of transgressing judicial independence if adequate safeguards are not installed. Given the emphasis on the underpinnings of judicial independence, the impugned Sixteenth Amendment of the Constitution of Bangladesh that tends to remove the judges of the Supreme Court by the parliament has been the focal point of this thesis. A comparative analysis can facilitate an academic debate on the interplay of judicial independence and the removal process of superior judges. To this end, this thesis, will conduct a comparative legal analysis of the Bangladeshi practice of removal of superior judges with the US and Canadian practices that have reinforced both the independence and accountability of the judiciary. |
Supervisor | Uitz, Renáta |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2017/islam_rabiul.pdf |
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