Judicial Dictionary
Title | Judicial review |
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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 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. |