All Papers

Tobias Berger

What happens to transnational norms when they travel from one place to another? How do norms change when they move; and how do they affect the place where they arrive? This book develops a novel theoretical account of norm translation that is located in-between theories of norm diffusion and norm lo...

Tobias Berger

The ‘Global South’ often functions as a shorthand for countries in Asia, Africa and Latin America that differ significantly in terms of economic trajectories, institutional arrangements, and everyday political life. The significant diversity notwithstanding, I argue that the Global South constitutes...

This book seeks to fill a void in the representation of South Asian constitutions and constitutionalism in international discourse. Although parts of South Asia have remained obscure and unstable on the fine balance of constitutional stability and constitutionalism, an appreciable number of countrie...

Inge Amundsen

First of all, this paper explores the rationale for internal party democracy, highlighting the ‘school for democracy’ argument. Second, it identifies three crucial processes as determinants for the level of intra-party democracy; a democratic process for the election of leaders, for the formulation ...

Mark Tushnet, Sujit Choudhry, Mara Malagodi, Mahendra Lawoti et al.

Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected region...

Ridwanul Hoque

Md. Moniruzzaman

This study of three parliaments in Bangladesh during 1991–2006 argues that parliament has failed to become the centre of political and legislative activities. This is mainly because the ruling parties deliberately bypass parliament, while the opposition deserts it. The parliament has been dysfunctio...

Imtiaz Omar

Recurrent periods of Emergency rule in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. The basic premise of this study is that the invocation of a state of emergency can never justify ...

Mark Tushnet, Madhav Khosla

Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within ...

Pranab Kumar Panday, Awal Hossain Mollah

Purpose The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to pre...

Yap, Po Jen

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; an...

Abul Fazl Huq

BANGLADESH, which emerged as an independent state in December I97I, after having witnessed one of most brutal blood-baths in modern history,' gave herself a full-fledged constitution November 4, Ig72, only 325 days after her liberation. On December 22, I97I, seat of government had been transferred f...

Awal Hossain Mollah

Purpose The aim of this paper is to analyze the status of independence of the judiciary in Bangladesh. It is recognized worldwide that an independent judiciary is the sin qua non of democracy and good governance. However, without separation of the judiciary from other organs of the state absolute in...

Sunil Khilnani, Vikram Raghavan, Arun K. Thiruvengadam

Marc Galanter, Nick Robinson

AbstractThis article examines a flourishing group of elite litigators, that we call 'Grand Advocates', who practice before the Indian Supreme Court and some of India's High Courts. In a court system marked by overwhelmed judges with little assistance, multiplicity and blurriness of precedent, and by...

Simeen Mahmud

Perceptions about expected roles of citizens, state and other actors in the development of a ‘good society’ indicate a significant change in the emerging meanings of citizenship in poor countries of the contemporary developing world (Commonwealth Foundation 1999). Particularly noteworthy is the shif...

Ridwanul Hoque

Abstract By analysing public interest litigation (PIL) jurisprudence, this article examines Bangladeshi judicial activism in dispensing justice through the promotion and protection of the ‘public interest’ and imperatives of constitutionalism. Originally linked with the idea of having an accessible ...

Kieran McEvoy

This article examines how cause lawyers in conflicted and authoritarian societies balance their professional responsibilities as lawyers with their commitment to a political cause. It is drawn from extensive interviews with both lawyers and political activists in a range of societies. It focuses on ...

Awal Hossain Mollah

Purpose – The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate interferences of government. With this aim, several case studies have been done on verdicts of higher judiciary in Bangla...