Judicial Review
Introduction: The Writ of Prohibition as a Constitutional Safeguard In the constitutional architecture of the People’s Republic of Bangladesh, the writ jurisdiction of the Supreme Court stands as a formidable bulwark against the arbitrary exercise of state power.…
Part I: The Constitutional Bedrock of Judicial Review The edifice of judicial review in Bangladesh rests upon the solid foundation of its Constitution, which is declared to be the “solemn expression of the will of the people” and…
The Political Question Doctrine: A Framework for Judicial Deference in Constitutional Governance
I. Introduction: Defining the Boundaries of Judicial Power The political question doctrine stands as one of the most enigmatic and consequential principles in American constitutional law. At its core, it is a rule of justiciability, a self-imposed restraint…
The Genesis and Evolution of Certiorari The writ of certiorari stands as a testament to the common law’s capacity for adaptation, a legal instrument forged in the crucible of English monarchical power that has evolved into an indispensable…
Introduction: Framing the Enduring Debate The tension between judicial activism and judicial restraint represents a foundational and perpetual debate over the legitimate scope of judicial power within a constitutional democracy. At its core, this discourse addresses the profound…
I. Introduction: The Mandamus Mandate in Democratic Governance A. The Genesis of Accountability In modern democratic governance, the principle of accountability—that those in positions of public power must answer for their actions—is a cornerstone of the rule of…
The Great Writ of Liberty: A Definitive Guide to Habeas Corpus in South Asian Legal Systems
Executive Summary The writ of habeas corpus, a cornerstone of common law, serves as a vital safeguard against illegal and arbitrary detention. This report provides an exhaustive analysis of its application and significance within the legal systems of…
I. Introduction: The Prerogative Writs as a Cornerstone of South Asian Constitutionalism 1.1. The Common Law Heritage and Post-Colonial Evolution The writ jurisdiction in South Asian constitutions is a direct legacy of English common law, a system of…