Posts

Showing posts from August, 2023

On Legal Research 04 - Various Methodological Approaches to Legal Research

Image
                                                                                             Research means hard-work. Analytical Approach : This is the traditional way of doing legal research. It means looking closely at legal texts like laws and court cases. The goal is to understand what the law says and how it applies to real situations. It is systematic and used by lawyers and judges. But, it may not consider the social or economic context, and it might not work well for vulnerable groups. Interdisciplinary Approach : This approach borrows ideas from other fields like history, sociology, and politics. It looks at the law more broadly, thinking about how society, pol...

Bangladesh National Cricket Team: A Tale of Passion, Progress, and Promise

Image
      In the world of cricket, the spirited journey of the Bangladesh National Cricket Team mirrors the nation's narrative—a story of resilience, evolution, and unyielding determination. From humble beginnings to asserting their presence on the global stage, the Tigers, as they are affectionately known, represent not only a cricket team but also a nation's hopes, dreams, and aspirations. For decades, cricket has transcended being just a sport in Bangladesh. It's a binding force that unites the nation cutting across socioeconomic backgrounds. The fervor with which Bangladeshis rally behind their cricket team is nothing short of extraordinary. Cricket matches, particularly those against big lads and during international tournaments, are moments of collective national pride and celebration. The journey of the Bangladesh cricket team has not been without its share of challenges. They entered the international arena as underdogs, often underestimated by cricketing powerhouses....

The Doctrine of Separation of Powers: Safeguarding Constitutional Governance

Image
The separation of powers is a fundamental political doctrine that underpins constitutional governance, emphasizing the unequivocal segregation of legislative, executive, and judicial powers within the government apparatus. This principle serves as a safeguard against any single branch of government amassing excessive authority and potentially exploiting its powers.   Historical Origins The origins of the separation of powers can be traced back to the profound insights of ancient political philosophers, notably Aristotle and Polybius, who expounded upon the necessity of delineating distinct governmental functions. However, the modern articulation of this doctrine is predominantly attributed to the eminent English philosopher, John Locke, who, in his seminal 1689 treatise, "Two Treatises of Government," meticulously elucidated the doctrine's essence. Locke passionately contended that the separation of powers was imperative in shielding the innate rights of individuals f...

The Conundrum of Judicial Activism and Self-Restraint in Bangladesh

Image
  Judicial activism is a doctrine positing that judges must actively interpret the law and safeguard the rights of individuals and groups. This may encompass nullifying laws deemed unconstitutional or delivering rulings that extend the rights of individuals or groups. Conversely, judicial self-restraint adheres to the doctrine that judges should yield to the decisions of other government branches, notably the legislature. This implies that judges should only invalidate unconstitutional laws while refraining from questioning the choices of elected officials. In Bangladesh, the discourse on judicial activism and judicial self-restraint has been an enduring debate. Here, this debate is frequently framed in the context of reconciling the competing tenets of judicial independence and judicial deference. Judicial independence emphasizes that judges should be shielded from political interference in their decision-making, whereas judicial deference posits that judges should exhibit re...