Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2024
License: CC BY
Data sources: ZENODO
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Law and Society Students' Journal
Article . 2024
Data sources: DOAJ
ZENODO
Article . 2024
License: CC BY
Data sources: Datacite
ZENODO
Article . 2024
License: CC BY
Data sources: Datacite
versions View all 4 versions
addClaim

Accommodating International Human Rights Law Principles in the Judicial System: Prospective Development of Bangladeshi Domestic Courts

Authors: Mohammad Minhazur Rahman;

Accommodating International Human Rights Law Principles in the Judicial System: Prospective Development of Bangladeshi Domestic Courts

Abstract

The unambiguous incorporation of international human rights into many national constitutions demonstrates that legal systems throughout the world are becoming increasingly open to customary international law. Although there is still much disagreement on the "universality" of human rights, most courts across the globe accept the more easily defendable IHRL principles, such as the right to life and freedom and the prohibition of torture. The propensity of national courts, especially in dualist systems like Bangladesh's, to view international human rights legislation as being purely ‘inspirational’ or ‘persuasive’ remains, even though international law-based judicial thought and activity appear to be on the rise. This paper puts out this argument against the background of recent developments in the use of IHRL principles in Bangladeshi courts. The paper also attempts to evaluate the judicial standpoint, both progressive and conservative, in referencing IHRL by briefly referencing prevailing theories impacting the domestic implementation of international law, discussing the status of IHRL in the Constitution of Bangladesh, and looking at relevant case law.

Related Organizations
Keywords

Judiciary of Bangladesh, Law in general. Comparative and uniform law. Jurisprudence, Human Rights, IHRL Principles, K1-7720, Domestic Court, International Human Rights Law

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
gold
Related to Research communities