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Old January 29, 2013, 11:37 PM
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Navo Navo is offline
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Quote:
Originally Posted by zsayeed
^ Navo Bhai - thanks for your learned responses.

Sad on your last line - Executive and Judicial Branch are Hand in Glove - A recipe for Disaster. In US there is just 1 degree of separation - President nominates - and congressional committee approves. Where some check or balance can take place - but not much - but more than 0.
As long as this article 95 is not amended - the country's legal system will be a tool.

I think you are a lawyer - but then reading McInnes comments and the BC comments afterwards - some brave souls must do something.

Again thanks.
No problem zsayeed bhai. I was only recently called to the Bar in England and I am still awaiting the announcement of the Bar entrance exams here in Bangladesh, but I try to keep abreast of constitutional affairs in the meantime.

To what I said above, I'd add that there is a convention that Chief Justices are appointed by the President according to seniority but unfortunately, we've seen junior judges supersede senior judges due to their perceived 'views'. (Even though, there is another constitutional provision that enshrines the complete independence of the judiciary from political influence.) While this can be quite blatant in Bangladesh, if you note American examples, even there judges are sometimes appointed to the Supreme Court bench based on their history of ruling on abortions, gay marriage, gun rights, etc. I find such a system to be deeply problematic and agree that greater measures need to be taken to make effective the independence of the judiciary.

Another thing about our appointment system, as compared to the American one, is that our judges have to retire by 67 while in the US, there is no real retirement age for Supreme Court judges. As a result, many BD Chief Justices only hold the post for 2-3 years. (This has both pros and cons.)
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