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Article
Publication date: 12 March 2018

Md. Awal Hossain Mollah and Rawnak Jahan

This paper aims to examine the 10th national election held on 5 January 2014, and the violent incidents took place during, before and after the election in Bangladesh…

Abstract

Purpose

This paper aims to examine the 10th national election held on 5 January 2014, and the violent incidents took place during, before and after the election in Bangladesh. Violence-free competitive, fair and credible national election is a prioritized issue in the politics and governance discourse in Bangladesh now. In this paper, relevant literature has been reviewed first for conceptual understanding, Then, the paper investigates to explore the causes and outcomes of violence took place centering the 10th parliamentary election in Bangladesh. Finally, it prescribes possible ways forward to overcome this crisis.

Design/methodology/approach

The paper is descriptive and qualitative in nature and based on secondary sources of materials. As it focused on a particular country and issue relating to the electoral violence of a particular national election in Bangladesh, it is a case study too. Most of the information and data have been used from published documents like journal articles, books and newspaper reports. Relevant information collected also from online sources.

Findings

The electoral violence may happen for various causes, yet the significant cause is the motive of the incumbent for picking up power over and again. Similarly, lack of cooperation of political parties, negligence and domination of ruling parties over opposition are also responsible for electoral and political violence before, during and after the election. In addition, violation of human rights, rule of law and, finally, the poor governance of Bangladesh are because of the lack of meaningful democratic government, strong political will and consensus among all political parties.

Research limitations/implications

The main limitation of this research is the lack of financial supports to collect empirical data from concerned stakeholders through field visit.

Practical implications

The paper deals with an urgent issue of Bangladesh which is essential for a free, fair and credible election. To make the EC an independent institute, a law should be enacted for recruitment of Chief Election Commissioner (CEC) and other commissioners of EC as per Article 118(1) of Bangladesh Constitution. To find out neutral and impartial CEC and other members of EC, a search committee is very essential, and for constituting a search committee, a law also should be enacted by the Parliament. Therefore, it would be very helpful for electoral and legal reform to overcome the problem of electoral violence in Bangladesh.

Social implications

The findings of this paper will be accepted by the readers, scholars and policymakers. A radical change will come to the politics and governance of Bangladesh. Thus, the paper would be beneficial for the society and community people as well as citizens of Bangladesh.

Originality/value

The paper would be helpful for policymakers to revamp the existing drawback of electoral policies and practice in Bangladesh. For a meaningful and effective Parliament, it would be necessary. The paper would be essential for the future scholars and researchers of this area to use as reference. Finally, the academicians and readers will find their food in the field of politics, administration and governance.

Details

International Journal of Law and Management, vol. 60 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 March 2007

Md. Awal Hossain Mollah

Administrative Decentralization seeks to redistribute authority, responsibility and financial resources for providing public services among different levels of government…

Abstract

Administrative Decentralization seeks to redistribute authority, responsibility and financial resources for providing public services among different levels of government. Administrative Decentralization is the transfer of responsibility for the planning, financing and managing of certain public functions from the central government and its agencies to field units of government agencies. This paper will search for a common theoretical framework of decentralization, then analyzes and assesses the initiatives for decentralization of administration that have been constructed after the emergence of Bangladesh. The major issues and problems of implementation of the decentralization policies in Bangladesh are also discussed suggesting policy measures. This paper is analytical in nature.

Details

International Journal of Organization Theory & Behavior, vol. 10 no. 1
Type: Research Article
ISSN: 1093-4537

Article
Publication date: 4 November 2014

Awal Hossain Mollah

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…

Abstract

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 Bangladesh.

Design/methodology/approach

This paper is an exploratory case study focused on Bangladesh. The paper is qualitative in nature and based on secondary sources of published facts like books, journal articles and Dhaka Law Reports. Information also gathered through Internet browsing.

Findings

Though judiciary is very effective to protect and promote human rights and rule of law in a country through judicial activism or public interest litigation, the role of non-governmental organizations (NGOs) are crucial in Bangladesh. Delay and disposal of cases is one of the great impediments in the process of ensuring human rights in Bangladesh. Besides, negligence in implement the verdict of judiciary and interferences of executive over judiciary is another finding of this paper. Apart from these shortcomings, judicial activism is a very important potential instrument of judiciary to protect and promote human rights and the rule of law in Bangladesh.

Research limitations/implications

The major limitation of this paper is it is based on secondary sources of information. It would have more rich if periodical data can be used for comparing theory and practice.

Practical implications

This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and promote human rights.

Social implications

Social awareness can be build-up through NGOs and readers by disseminating and penetrating information of this paper’s findings and recommendations.

Originality/value

This paper would an unique and add new knowledge in the literature of public interest litigation and Human Rights Law in the context of Bangladesh.

Details

International Journal of Law and Management, vol. 56 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 3 February 2012

Awal Hossain Mollah

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…

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Abstract

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 independence of judiciary is not possible. An attempt has been made in this paper to sketch the brief historical background of judicial system in Bangladesh through analyzing the meaning and basic principles of judicial independence and to what extent these principles exists in Bangladesh. How did the judiciary finally separate from the executive? After separation of the judiciary, what is the status of executive interference over judiciary in Bangladesh has also been evaluated in this paper.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government rules, newspaper reports, etc. Relevant literature has also been collected through Internet browsing.

Findings

In this study, it has been found that from time immemorial the judicial system of Bangladesh was not completely independent from the interference of the executive branch of the government. It has also been found that from the beginning of the British colonial rule, the question of separation of the judiciary from the executive had been a continuing debate. Presently, even after separation of the judiciary, the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of the status of judicial dependence in Bangladesh.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 13 July 2010

Mohammed Awal Hossain Mollah

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh…

Abstract

Purpose

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh. Although, the judicial system of Bangladesh comprises Supreme Court, subordinate courts and tribunals. However, this study focuses Supreme Court only to keep the study in a manageable extent.

Design/methodology/approach

The study is qualitative in nature and based on content analysis. Dhaka Law Report (DLR), which is a monthly published report on case laws[1] decided by the Supreme Court has been selected as content for this study. Some case laws selected from DLR (2004‐2008) were analyzed using purposive sampling method, with a view to evaluating the effectiveness of judiciary (as an external but formal mechanism of accountability) in accountability of government administration and management and its impact on overall governance.

Findings

The most important finding of this paper is that the judiciary is very effective for ensuring legal accountability of government officials, which ultimately contributes to human rights and good governance. However, a major problem found was that until and unless an affected person files a case against a government authority, maintaining the required procedures of judiciary, it (the judiciary) has no scope to settle any disputes. Though there is a provision of Suo Muto (by own initiative) rule of the Supreme Court, this practice is very rare in Bangladesh. Furthermore, the executive is responsible for implementing the verdict of the judiciary. Therefore, if the government has not enough respect for, or does not care to implement judiciary's verdict, justice and rule of law will not be ensured. This study also found some cases like this.

Research limitations/implications

This work does not address detailed issues of governance and is not based on empirical data.

Practical implications

This is a mixed study of judiciary and public administration, which is very rare in Bangladesh. Therefore, it will be brought into line with current practice by the concerned researchers and policy makers in public administration and judiciary.

Originality/value

This paper will be of interest to legal practitioners, policy makers, academicians and those in the field of governance.

Details

International Journal of Law and Management, vol. 52 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 8 February 2011

Pranab Kumar Panday and Awal Hossain Mollah

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…

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Abstract

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 present day.

Design/methodology/approach

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.

Findings

The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.

Practical implications

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.

Originality/value

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Details

International Journal of Law and Management, vol. 53 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Content available
Article
Publication date: 4 November 2014

Christopher Gale

98

Abstract

Details

International Journal of Law and Management, vol. 56 no. 6
Type: Research Article
ISSN: 1754-243X

Content available
Article
Publication date: 8 February 2011

Chris Gale and Clive Smallman

482

Abstract

Details

International Journal of Law and Management, vol. 53 no. 1
Type: Research Article
ISSN: 1754-243X

Content available
Article
Publication date: 3 February 2012

Chris Gale

251

Abstract

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

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