A Critical Analysis on Judicial Review: Bangladesh Perspective

Abstract

Bangladesh is a unitary independent sovereign, republic to be known as the People’s Republic of Bangladesh and by nature man is rational being and they live in the society depending upon other in need of survival. The laws are basically created on social demands and human needs. Laws have been made to guide and control human behaviors. It is one of the fundamental tasks of the justice system of a country that it will work as safeguard for the people to uphold the significance of their rights. Judicial review is a principle by which the legislative and the executive actions are subject to review by the judiciary. Judicial review checks and balances the separation of power among the government branches. Judicial review is one of the important techniques by which the courts examine the actions of the legislature, the executive and the other governmental agencies and decide whether or not these actions are valid. The main attempt of the study is to focus the challenges in using this power in Bangladesh analyzing some cases. The authors have also analyzed the philosophy of this power vested on the judiciary. At last some recommendations have been put to overcome the complications in application of this power.