Chowdhury Ishrak Ahmed Siddiky - The Rule of Law in Developing Countries

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The Rule of Law in Developing Countries

Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law.

This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country.

The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.

Chowdhury Ishrak Ahmed Siddiky is a Barrister and holds a PhD in Energy Law. He practices before the Supreme Court of Bangladesh and is currently Adjunct Assistant Professor and Head of the LLM Program at the University of Asia Pacific, Bangladesh.

Routledge Contemporary South Asia Series

Ethics in Governance in India

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Popular Hindi Cinema

Aesthetic Formations of the Seen and Unseen

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Activist Documentary Film in Pakistan

The Emergence of a Cinema of Accountability

Rahat Imran

Culture, Health and Development in South Asia

Arsenic Poisoning in Bangladesh

M. Saiful Islam

Indias Approach to Development Cooperation

Edited by Sachin Chaturvedi and Anthea Mulakala

Education and Society in Bhutan

Tradition and modernization

Chelsea M. Robles

Sri Lankas Global Factory Workers

(Un)Disciplined Desires and Sexual Struggles in a Post-Colonial Society

Sandya Hewamanne

Migration of Labour in India

The squatter settlements of Delhi

Himmat Singh Ratnoo

Gender, Nation and Popular Film in India

Globalizing Muscular Nationalism

Sikata Banerjee

Media as Politics in South Asia

Edited by Sahana Udupa and Stephen D. McDowell

Death and Dying in India

Ageing and end-of-life care of the elderly

Suhita Chopra Chatterjee and Jaydeep Sengupta

Documentary Film in India

An Anthropological History

Giulia Battaglia

The Rule of Law in Developing Countries

The Case of Bangladesh

Edited by Chowdhury Ishrak Ahmed Siddiky

The Rule of Law in Developing Countries

The Case of Bangladesh

Edited by
Chowdhury Ishrak Ahmed Siddiky

First published 2018

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 selection and editorial matter, Chowdhury Ishrak Ahmed Siddiky; individual chapters, the contributors

The right of Chowdhury Ishrak Ahmed Siddiky to be identified as the author of the editorial matter, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

Names: Siddiky, Chowdhury Ishrak Ahmed.

Title: The rule of law in developing countries : the case of Bangladesh / Edited by Chowdhury Ishrak Ahmed Siddiky.

Description: New York, NY : Routledge, 2018. | Series: Routledge contemporary South Asia series ; 121 | Includes bibliographical references and index.

Identifiers: LCCN 2017048346| ISBN 9781138574571 (hardback) |

ISBN 9781351273565 (ebook)

Subjects: LCSH: Rule of lawBangladesh.

Classification: LCC KNG1726 .R85 2018 | DDC 340/.11dc23

LC record available at https://lccn.loc.gov/2017048346

ISBN: 978-1-138-57457-1 (hbk)

ISBN: 978-1-351-27356-5(ebk)

Typeset in Times New Roman

by Wearset Ltd, Boldon, Tyne and Wear

Contents

Contributors

Chowdhury Ishrak Ahmed Siddiky is an Advocate at the Supreme Court of Bangladesh. He completed his PhD and LLM from the University of Dundee and his LLB (Hons) from the University of Kent. Dr Siddiky was called to the Bar of England and Wales from the Honourable Society of the Middle Temple. He is an Adjunct Assistant Professor at the University of Asia Pacific and a Visiting Scholar at Cornell University, Ithaca, NY, USA. Dr Siddiky has also published extensively and is an editor in chief of a peer reviewed journal.

Ridwanul Hoque is a Professor of law at the University of Dhaka. He completed his PhD at the University of London and LLM at Cambridge University. He has also held visiting positions in Cornell, Melbourne and at La Trobe University. Dr Hoque also published a book entitled Judicial Activism in Bangladesh: A Golden Mean Approach published by Cambridge Scholars Publishing in 2011.

Imran A. Siddiq is a Partner of a leading law firm in Dhaka, Bangladesh. He is an Advocate of the Bangladesh Supreme Court and was called to the Bar of England and Wales from the Honourable Society of Grays Inn. His main area of practice is constitutional and administrative law. Mr Siddiq obtained his LLB (Hons) from the London School of Economics and Political Science, UK and a BSc (Hons) in Politics and International Relations from the University of London.

Ehsan A. Siddiq is an Advocate of the Supreme Court of Bangladesh. He obtained his LLB (Hons) degree from the London School of Economics and Political Science and was called to Bar of England and Wales from the Honourable Society of Grays Inn. Mr Siddiq practices administrative, commercial and employment law and has been engaged as defence counsel on behalf of a number of defendants before the Bangladeshs International Crimes Tribunal which was set up to try crimes committed during the countrys liberation war.

Toby Cadman is the co-founder of Guernica 37 International Justice Chambers, the co-founder of the International Forum for Democracy and Human Rights, a Barrister member at Nine Bedford Row International Chambers in London and a member of the International Criminal Bureau in The Hague. He is an international criminal law specialist in the areas of war crimes, international terrorism, extradition and mutual legal assistance, judicial review and human rights law. Mr Cadmans particular area of expertise is international legal obligations and the UN system of protection and in particular pursuing complaints before the UN Special Procedures Branch. He has appeared and been instructed in matters before the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the International Crimes Tribunal Bangladesh, the European Court of Human Rights, the Bosnian War Crimes Chamber, the UN Human Rights Committee and the African Commission on Human and Peoples Rights.

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