Title: Judicial Review in Bangladesh and UK: A Comparative Study
Abstract: Judicial Review is primarily rooted in the doctrine of “Separation of Powers” as identified by Montesquieu and it works as part of “Checks and balances” system among the powerful organs of the state; where the judicial organ plays the supervisory role over the legislative and the executive branches of the government. Definition of Judicial Review varies from countries to counties, as some countries follow the doctrine of parliamentary supremacy where some others follow the doctrine of constitutional supremacy. Nature and extent of Judicial Review also depend on the legal system of the country. In the UK, by the name of Judicial Review, the Court actually supervises the power exercised by the public body. In the Constitution of Bangladesh, the term “Judicial Review” is not expressly stated but this very concept is impliedly included in the Constitution. Judicial Review system is indirectly supported by Articles 7(2), 26, 44(1) and 102 of the Constitution of Bangladesh. The concept of Judicial Review is a significant principle of constitutional law and most of the democratic countries and even some undemocratic counties have taken this principle into their own practice. This doctrine undoubtedly works as a watchdog principle which vastly ensures the mutual checks and balances among the powerful organs of the government. However, in Bangladesh the concept of Writ petition is a borrowed concept and this principle has been borrowed from the practice of the principle of judicial review in the UK and the USA. In the UK though the concept of Judicial Review has been criticised as undemocratic practice, its gradual development has not been ignored by the academics and professionals. Though the concept of Writ petition has been at times criticised as unconstitutional and undemocratic in Bangladesh, academic and professional debate for its gradual development is a need of the time.
Publication Year: 2018
Publication Date: 2018-12-10
Language: en
Type: article
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