Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals The Assessment of Judicial Independence Following the CJEU Ruling in C-216/18 LM

2021 ◽  
pp. 403-430
Author(s):  
Stanisław Biernat ◽  
Paweł Filipek
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
Prison System ◽  
The Rule Of Law ◽  
Eu Countries ◽  
Judicial Practice ◽  
Court Of Justice ◽  
The One ◽  
The Right

AbstractIn the LM ruling, the Court of Justice developed the Aranyosi and Căldăraru test and indicated it as the one to be applied for the assessment of judicial independence and fair trial guarantees in the context of executing European Arrest Warrants. Although serious threats to the rule of law and judicial independence in some EU countries, like Poland, have been documented over recent years, no warrant has so far been definitely rejected as a consequence of the application of the LM test, although there are cases in which the execution of warrants to Poland has been suspended. This naturally raises questions as to whether the mechanism proposed by the Court responds to the need of protecting the right to a fair trial and safeguarding judicial independence. In this contribution we evaluate the mechanism devised by the Court, taking into account the available judicial practice after the LM ruling. We point out that the almost automatic transfer of a mechanism proposed to evaluate the functioning of a prison system to that evaluating a fair trial and judicial independence has not been fully successful. The mechanism proposed by the Court reveals a number of problematic issues and proves to be insufficient and not entirely adequate to assess judicial independence and guarantees of a fair trial.

scholarly journals Judicial Independence and Impartiality of Judiciary: A Comparative Study

2018 ◽  
Vol 5 (2) ◽  
pp. 4383-4386
Author(s):  
Fozia Shaheen ◽  
Mamoona Khalid
Keyword(s):  
Comparative Study ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
The Body ◽  
Public Confidence ◽  
Independent Judiciary ◽  
Separate Branch ◽  
International Instruments ◽  
Constitutional Analysis

Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also pre-requisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.

scholarly journals Intermezzo in the Rule of Law Play: The Court of Justice’s LM Case

2021 ◽  
pp. 455-476
Author(s):  
Matteo Bonelli
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
General Analysis ◽  
The Other ◽  
Specific Situation ◽  
Mutual Trust ◽  
Crucial Importance ◽  
The Rule Of Law ◽  
Individual Assessment ◽  
European Arrest Warrant

AbstractIn the LM case, the CJEU was called to decide on whether systemic rule of law deficiencies in Poland could lead to the suspension of EU cooperation based on mutual trust, in particular under the European Arrest Warrant system. Building on its earlier decision in Aranyosi, the Court concluded that EAWs may be suspended only after the executing authority conducts a general analysis of the situation in the country concerned and an individual assessment of the specific situation of the applicant. For some, the decision was a disappointing one, as the Court failed to take a clear stance on the Polish constitutional crisis. This chapter argues, on the other hand, that the Court reached a balanced decision: while it is true that it confirmed the strict Aranyosi test, it also sent some key messages on the crucial importance of the rule of law and judicial independence for the EU and underlined the red lines of European constitutionalism. Furthermore, a different line of cases that originated from the groundbreaking decision of the Court in the ‘Portuguese judges’ case seems much more promising for the protection of EU values. Thus, rather than a constitutional moment for the Union, LM was ultimately an intermezzo between the two main acts of the rule of law play before the Court of Justice.

scholarly journals The globalisation of the Judicial Power – context and challenges

2018 ◽  
Vol 4 (1) ◽  
pp. 45-50
Author(s):  
José Igreja Matos
Keyword(s):  
Structural Analysis ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Independent Judiciary

Judicial Independence today is facing, particularly in Europe, new threats emerging from populist political regimens. After a structural analysis of the main constraints to the upholding of an independent judiciary, some indications are listed, in a very brief note, to better affirm, at the level of the judiciary, the values of Democracy and Rule of Law, assuming an “ethics of practical responsibility”.

THE RULE OF LAW AND THE INDEPENDENCE OF THE JUDICIARY IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

2021 ◽  
Vol 7 (4) ◽  
pp. 196-219
Author(s):  
Andrew Yu. KLYUCHNIKOV
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Case Law ◽  
European Convention ◽  
Current Case ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
European Court ◽  
Protection Of Human Rights

The article is devoted to the principle of the rule of law, implemented through the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. (Convention) by the European Court of Human Rights (ECHR). The relevance of studying this principle is due to the new approach formed by the Court that the rule of law is “inherent in all articles of the Convention.” We can see its application in the current case-law of the Court as one of the fundamental elements of the independence of national courts. Thus, the author aims to identify the theoretical and practical aspects of the ECHR’s approach to the problem of judicial independence and legal application of the rule of law principle, to study the relevant Court practice. The rule of law and the independence of the judiciary as the basic elements of the convention system are an integral part of the institution of the “European public order” developed by the ECHR, therefore it is necessary to trace their interconnection. The case-law of the ECHR served as the material for the study, which allowed us to identify all stages of the formation of the rule of law principle and its actual “content”. Analyzing judicial practice, along with using doctrinal approaches, we managed to identify the limits of permissible application of national laws, the powers of bodies and officials of various branches of government, bodies of the judicial community to the given problem, new aspects of the status of judges seen as one of the democratic values of society. To achieve this, the author used methods specific to studies of law and general scientific (traditional) research methods, with an emphasis on comparative and general legal methods, and the method of induction during the analysis of judicial practice. The paper examines the normative sources of law and judicial practice of the ECHR, allowing to reveal the principle of the rule of law, its correlation with the principle of judicial independence, the specifics of its impact on the domestic national judicial system and the functioning of the state apparatus, to determine the role of the principle in the convention mechanism of the protection of human rights.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

MEMBANGUN PENDIDIKAN KARAKTER SEJAK USIA DINI

Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi
Keyword(s):  
Human Resources ◽  
Character Education ◽  
Moral Values ◽  
The Other ◽  
Educational Institutions ◽  
Early Age ◽  
National Education ◽  
Other Hand ◽  
The Government ◽  
The One

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.

Sign in / Sign up

Export Citation Format

Share Document