Book Chapter by Emraan Azad
Mohammad Shahabuddin (ed), Bangladesh and International Law (Routledge, 2021), 2021
Journal Article by Emraan Azad
Dhaka University Law Journal, 2018
Dhaka University Law Journal (The Dhaka University Studies Part-F), 2017
One of the challenges of the Bangladeshi public law is effectively to extend judicial review to c... more One of the challenges of the Bangladeshi public law is effectively to extend judicial review to contracts made by government agencies. Often, it is argued that contracts made by the government or its agencies belong to the private domain of the State, thereby precluding judicial intervention. Recent developments show that while the higher courts are becoming incrementally willing to review public contracts, they still shy away from contracts by public agencies that are seen as ‘pure and simple’ commercial contracts or ‘private’ contracts. The primary task of judicial review in any jurisdiction is effectively to extend constitutional control over government actions and/or omissions in order to ensure good governance. In order for judicial review to be an effective means of good governance, it should essentially embrace all government contracts, public or private. Set in this context, this article aims to examine the issue of reviewability of government contracts in Bangladesh and, while doing so, to critique the judicially crafted divide between ‘pure’ contracts and ‘statutory’ contracts as subject matters of judicial review. It is argued that this private/public divide with regard to state contracts (contract by state agencies) continues to be a clog on the Court’s capacity to ensure executive transparency and accountability. We conclude by arguing for reviewability of any state contract on the ground of lack of fairness.
ELCOP Yearbook of Human Rights , Oct 2015
This paper highlights the ambiguity of international law on the prohibition of exploiting childre... more This paper highlights the ambiguity of international law on the prohibition of exploiting children for terrorist activities, and also analyses the presence of several conflicting norms of international human rights law concerning the protection of rights of the child-as-terrorist. In this analysis, it has been argued that the UN Convention on the Rights of the Child (CRC), 1989 and its Optional Protocol on the Involvement of Children in Armed Conflict, 2000 should give the world community enough grounds to deal with this problem of children’s use in terrorism by having the State concerned take appropriate legislative and other measures to protect its children. The paper also examines the National Children Policy, 2011 and the Children Act, 2013 for understanding how far these two legal instruments in Bangladesh protect child rights by prohibiting the exploitation of the child-as-terrorist. In addition to this discussion, several judicial decisions of the Supreme Court of Bangladesh have been illustrated to support the contention that there exists a crisis of rights protection with regard to the exploitation of the child-as-terrorist in Bangladesh. After briefly discussing the context of enacting the Anti-Terrorism Act in 2009, the paper then investigates the contents of this Act with a special focus to the limits of this Act in combating the use of children as terrorists. The paper comes to an end with some specific recommendations towards improving the existing position of rights protection for children in the light of the analysis being made throughout the paper.
Environmental Pollution in Bangladesh: Need for a Legal Overhaul
Bangladesh Law Association Journal , Aug 1, 2014
Increasing industrialization and lack of waste treatment is leading to major environmental pollut... more Increasing industrialization and lack of waste treatment is leading to major environmental pollution problem in many parts of Bangladesh, impacting on both aquatic and non-aquatic ecosystems and the population who depend on them for their livelihood activities. Environment coupled with climate change, the message of which has a strong correlation with the subtle human existence, is a burning issue around the world. Every country desires to have a better environment for which all possible efforts are being adopted to make the people aware and educated about the environment, to control unwise use of resources, to keep environment pollution free. Legal framework is also being made wherever necessary, with an appropriate augmentation of individual country efforts, supported and appreciated by international communities. Now relevant aspects of environment policies are being considered as a sectoral component of all major international treaties. In the recent world, hence, legally protecting vis-à-vis conserving a congenial environment condition free of pollution has become a pre-condition for all development activities in home and abroad.
[This article was published in Bangladesh Law Association Journal, Volume 1, Issue 1, 2014]
Newspaper Article by Emraan Azad
BOOK REVIEW: Ballad of ‘enclaved’ humanity
THE ROAD TRANSPORT BILL 2018: A panacea for the 'age-old' transport anarchy?
Stop torture to protect women's dignity
Guide to find and read law reports
LAWS RELATING TO SEXUAL OFFENCES: NHRC study report advocates for reform
Taking legal education seriously
For quite a considerable period of time, law schools in Bangladesh have been under constant criti... more For quite a considerable period of time, law schools in Bangladesh have been under constant criticism for not being able to produce efficient graduates who are expected to work as legal professionals both in bench and bar. With the global progress of legal profession, improving the quality and standard of legal education has thus become a prime challenge for Bangladesh. Among other limitations, conventional teaching methodology and curriculum with less-practical implication, inadequate orientation of doing research, limited establishment of clinical legal education, problem with innovating subject-specific pedagogy and un-popularisation of perceiving legal issues from an interdisciplinary approach – all together reinforces this challenge.
Constitutionally responsive equality, justice and human dignity
What our forefathers had once dreamt of is nothing but founding a country which would never forge... more What our forefathers had once dreamt of is nothing but founding a country which would never forget its past memories of Pakistani oppression and remembering that this very country would step towards ensuring equality, justice and human dignity for all – irrespective of any identity, religion, age, gender or occupation. All our success stories of development, economic progress and technological advancement are must to fade away, if we do not take care of our constitutional promises.
BREAKING THE CULTURE OF 'SECRECY': Judiciary stands for right to information
When there is a question of people's involvement or engagement, there cannot exist any culture of... more When there is a question of people's involvement or engagement, there cannot exist any culture of practising secrecy and confidentiality. Because keeping information of political parties secret to the people is equivalent to keeping the very same people unaware about politics. Political awareness is built upon a culture of openness and inclusiveness. The best way to include people in a healthy governance system (or say establish 'good governance coupled with the rule of law') is to share information with the people without any interruption. This is what is missing in the growth of our political history.
PROCLAMATION OF INDEPENDENCE 1971: Bangladesh's First Constitution
From being a makeshift Constitution during the Liberation War, the Proclamation of Independence o... more From being a makeshift Constitution during the Liberation War, the Proclamation of Independence of 1971 has now become a historic constitutional document for the constitutional law enthusiasts who might seek to dig deep into the politico-legal history of Bangladesh. The Proclamation of Independence is still worth a name as the first Constitution of Bangladesh.
Free press: Issues and concerns
LAW COMMISSION'S PROPOSAL: Making and applying treaties
Law & Our Rights, Oct 13, 2015
Minority Issue in the 1972 Constitution: Pluralism sustained or sacrificed?
Why the 1972 Constitution matters - A response
Why the 1972 Constitution matters - A response , Oct 24, 2015
Protecting the rights of migrant workers
Prepared by Dr. Ridwanul Hoque, an associate professor of law at the University of Dhaka, the rep... more Prepared by Dr. Ridwanul Hoque, an associate professor of law at the University of Dhaka, the report basically accesses the compliance level of Bangladesh's laws, policies and practices with the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families 1990 (shortly known as MWC), and also analyses how compliance can be better ensured by the destination countries.
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Book Chapter by Emraan Azad
Journal Article by Emraan Azad
[This article was published in Bangladesh Law Association Journal, Volume 1, Issue 1, 2014]
Newspaper Article by Emraan Azad