Equal access to justice is an inalienable human right. It is “an essential component of the system of protection and enforcement of human rights”. However, access to justice has different meanings. It may be defined narrowly, to signify an individual’s right to bring a claim to a court or tribunal and to have that court or tribunal decide the claim. It could also refer to the right to be given legal aid when the individual does not have the resources required to avail of legal remedies. In a broad sense, access to justice also includes, as a critical element, the individual’s right to have her claim decided according to substantive standards of fairness and justice.
In international human rights instruments, access to justice as a term of art is not used. Nonetheless, the right of access to justice is clearly guaranteed. In Article 8, the 1948 Universal Declaration of Human Rights … [....]
This article aims at analysing the relevance of the derogation clauses in Article 4 of the ICCPR, Article 15 of the ECHR and Article 27 of the ACHR in the post-9/11 state of permanent legal emergency, which allows State parties the right to suspend some of their obligations in protecting human rights during public emergency. This analysis will be supported first by a brief overview of the derogation clauses in the ICCPR, the ECHR and the ACHR; secondly with explanations of those clauses. The third part of this article will focus on the term ‘public emergency threatening the life of the nation’ developed by the European Courts of Human Rights (ECtHR), the Human Rights Committee (HRC) and the International Law Association (ILA) before 9/11. The subsequent part will show how the same ECtHR after 9/11 in the judgments of Belmarsh detainees and A and Others v. United Kingdom turned away from their original … [....]
Law and legal institutions are omnipresent in Bangladeshi society. So is the media, electronic media in particular. People are involved with the law like it or not. They often complain about legalism. They have developed a mind-set about the functioning of laws. Media plays a role in forming this mind-set. Accordingly, there is an uneasy relationship between law and the media. The law of libel and the social action litigations offer two glaring examples of this uneasy relationship. Legal scholars may write volumes on the legal aspects of the issue. However, to my mind, there is a motion factor in mounting up such a relationship. Let me explain how and why.
There was an age when law could have been traced from the king’s dictum or stone’s inscription. Afterwards, passing through the handwriting era, law entered into the printing age. Printing provided law a kind of continuity and stability in its functioning. … [....]
While reading a book called Freedom is not Free, by Shiv Khera I find an undeniable truth that every generation needs to earn its own freedom. That means freedom is not free, in order to achieve freedom there should be some sacrifice. Even the historic four freedoms propounded by Franklin Roosevelt had arisen out of sacrifice of millions of people in the event of unprecedented danger and instability during the World War II. Coming to the birth of Bangladesh, it was the freedom for which three million people sacrificed their lives. But unfortunately freedom is not free at all in Bangladesh even after forty four years of independence. Protection of freedom is constantly charging human lives amidst of fear and instability. Now the question is how many lives we have to sacrifice to secure freedom? A definite uncertainty might be the response.
The recent brutal killing of Avijit Roy, a writer and co- founder moderators of … [....]
“Our Vision is very clear, Mission is explicitly defined and Fashion, way of work, is well designed. Still, as it is a new national law review that seems deviant and feels extraordinary, let us justify our endeavor to glorify the very purposes of law review.”
‘Law Review’ is a customary expression of law journal edited, published and managed by students from law schools. But, while making an extreme-exception is the general-disposition of creative legal mind, we, a group of young law professionals in Bangladesh pull us together to thrive on academic research with this surname. In such a deviation, our action is audacious. Hence, we set March – the same month in which our brave national heroes started showing extreme audacity in 1971 – to unveil our official website.
The founders, composed BDLR’s ‘editorial clan’, are of mainly proficient legal professionals; but, we believe ourselves life-time law learner. Our major … [....]