Articles
Thoughtful analysis and commentary on law, politics, constitution, society, and international affairs.
Categories
Tags
Content Type
Sort & Date
Abolition of the Supreme Court Secretariat: Is the Government Returning to Its Old Ways?
The abolition of Bangladesh’s Supreme Court Secretariat raises concerns about judicial independence and renewed executive control. This article examines the constitutional promise of an independent judiciary, successive governments’ failure to fulfil it, and the need for lasting administrative and financial autonomy to protect citizens’ right to justice.
Justice After Authoritarianism: Bangladesh’s Dangerous Legal Shortcut
Bangladesh’s pursuit of justice after authoritarian rule demands credible evidence, fair trials and a legal framework capable of addressing systemic repression. Taking legal shortcuts risks undermining accountability and repeating the cycle of politicised justice.
Daily Naya Diganta (দৈনিক নয়া দিগন্ত)
The New Property Law: Questions of Social Protection and Shariah
Two Mandates, One Responsibility
Bangladesh’s July Charter and referendum created a public mandate for constitutional reform alongside the BNP’s mandate to govern. Legal disputes over implementation should be resolved through an inclusive parliamentary process that respects the Constitution and the referendum result. Government and opposition must cooperate to strengthen democratic institutions, limit executive power and prevent a return to authoritarian rule.
International Crimes, Domestic Justice: What Kind of Tribunal Is Bangladesh’s ICT?
Bangladesh’s International Crimes Tribunal is a domestic court established under the 1973 Act, distinct from the ICC and UN-created tribunals. Its national status does not exempt Bangladesh from international fair-trial obligations. The article argues that the Tribunal’s credibility depends on judicial independence, reliable evidence, effective defence rights and meaningful appeals. Accountability for grave crimes must rest on individual responsibility established through fair proceedings, rather than political identity or public expectations.
Bangladesh’s Tribunal and the ICCPR: What Does International Law Require?
Bangladesh’s International Crimes Tribunal must uphold the country’s obligations under the ICCPR, including judicial independence, fair-trial safeguards, meaningful appellate review and effective remedies. Domestic legislation cannot excuse violations of international obligations, and treaty reservations do not provide a general exemption from these standards. These protections are especially critical in death penalty cases, where mistakes become irreversible after execution. The Tribunal’s lasting credibility depends on establishing individual responsibility through reliable evidence, protecting defence rights and correcting demonstrated errors, thereby serving both victims and defendants.