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Do Judges Make Law? A Scrutiny in the Context of the Decisions of the Supreme Court of Bangladesh

- Do Judges Make Law? A Scrutiny in the Context of the Decisions of the Supreme Court of Bangladesh -

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Do Judges Make Law? A Scrutiny in the Context of the Decisions of the Supreme Court of Bangladesh

Tapos Kumar Das
Department of Law, RAJSHAHI UNIVERSITY,


Publish Date: August 9, 2013

DOI: #

Issue: 1

Page Number: 7-33

PDF: View PDF


Abstract

Initially this article considers how the decision of the Supreme
Court of Bangladesh becomes law. Then it analyses the doctrinal critique and statutory recognition of the judge made law. The author finds that the Supreme Court of Bangladesh assumes the law making role vide (i) interpretation, (ii) directions and, (iii) judicial review of legislation. Keeping word limit in mind, this article scrutinises few landmark decisions of the Supreme Court to determine the nature, extent and limits of the judge made law in Bangladesh. The author suggests that the trend of judicial law making must continue to fill up the ‘legislative vacuum’ and to limit ‘legislative transgression’ without imparting indiscriminate alteration in the settled legal regime.

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