Judicial Dictionary



Title Judicial review
Details

Judicial review is the power of a court to review a statute, or an official action or inaction, for constitutionality. In many jurisdictions, the court has power to strike down a statute, overturn an official action, or compel an official action, if the court believes the constitution so requires. In some countries, courts also have authority to strike down statutes even though they are constitutional, for violation of basic principles of justice, or for contrariness to principles of a free and democratic society.The provisions in the Bangladesh Constitution that authorize the Court to ensure the functioning of guaranteed constitutional rights of individuals can only be classified as the power of ‘judicial review of executive acts’, not ‘judicial review of legislation’. Despite this, the Supreme Court at times proceeded even to examine the legality of constitutional amendment and, in the past, even declared a constitutional amendment invalid.
The competence of legislature though flows from the constitution; its legislation is subject to judicial review. ….. [S.S. Bola v. S.D. Sardana, (1997) 8 SCC 522]
When an authority acts in accordance with the provision of a law which says that the decision made by that authority is final and the decision is a judicial decision, such a decision, though made final by fiction of law, is amenable to the revisional jurisdiction of the High Court Division under Section 115 C.P.C. ….. [Bangladesh vs. Md.Mazibur Rahman, 14 BLD (HCD)362]
An authority exercising a power must exercise that power justly and fairly. Every piece of legislation or rules empowering an authority to exercise a power would contain the said duty to act justly. ….. [Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 13 BLD (HCD) 327]


The Court in judicial review of the action of the Government and of State functionary in contractual matters, considered the rationality and reasonableness of the decision made—Constitution of Bangladesh, 1972, Article—102. M/s. Hyundai Corporation v.Sumikin Bussan Corporation & ors, 22 BLD(AD)16


Where a Tribunal assumes jurisdiction to conduct enquiry into a matter or passes an order and when under the law decision of that Tribunal is final, not to be challenged before any Court or authority, the High Court in exercise of its power of review as well as in its supervisory capacity is competent to examine whether the proceeding initiated before the tribunal was without jurisdiction. If it is found to be without jurisdiction, the High Court can quash the proceedings— Constitution of Bangladesh, 1972, Articles—102. Mohammad Nazmul Hossain Vs. The State, 16 BLD (HD) 287.


A person seeking judicial review of administrative or quasi-administrative or quasijudicial action must show that he has a direct personal interest in the act challenged. Petitioner No. I being an adopted daughter of late Raja Mong Prue Sam and having being brought up by him as a daughter in the family according to the customs, tradition and practices of the family line, has the locus standi to challenge the appointment of Respondent No. 5 as the Chief of the Mong Circle. Appointment of Respondent No. 5 as the Mong Chief, keeping the petitioners application for such appointment pending, is held to have been made without any lawful authority— Constitution of Bangladesh, 1972, Article— 102. Rajkumari Unika Devi and another Vs. Bangladesh and others, 16 BLD (HCD) 408.


Legal issues Of the nature raised in this case could only be resolved in case of doubt or dispute by the superior Court exercising judicial review. Khondkar Delwar Hossain Vs. The Speaker, Bangladesh Jatiyo Shangshad, 19 BLD(HCD) 45


Where a contract is entered into by the State and or by a statutory authority for the performance of statutory duty, any breach of term of such contract is amenable to judicial review by the High Court Division— Constitution of Bangladesh, 1972, Article— 102. Q C Shipping Limited and another Vs. Chittagong Port Authority and others, 19 BLD (HCD) 501.