Year

2002

Degree Name

Doctor of Philosophy

Department

Faculty of Law

Abstract

This thesis examines issues of judicial independence and judicial accountability with special reference to public confidence in the judiciary. The central issues of this thesis are the tension between judicial independence and accountability and the ways the two conflicting values may be balanced in the administration of justice to dehver an effective judicial service and win public confidence. The thesis emphasises that proper measures should be taken to maintain judicial independence and at the same time, an adequate system of judicial accountability should be established without undermining the independence of judges.

The thesis examines the conditions of judicial independence and accountability in Bangladesh in comparison with general principles, international standards and practices of some countries in the common law tradition. It evaluates the law and practice which have been followed in Bangladesh to deal with various aspects of the judiciary involving the independence and accountability of judges. It reviews the history and current state of the judiciary by analysing a wide range of sources, including constitutional and statutory law, public records, available statistical data and media reports and secondary literature.

The thesis identifies the strengths and weaknesses of the current system of constitutional and judicial administration in Bangladesh and their impacts on judicial independence and judicial accountability which include appointment, tenure and discipline of judges, and scrutiny of judges by the media and the bar. It proposes ways of preserving the strengths or remedying the weaknesses to improve the conditions of judicial independence and judicial accountability in Bangladesh.

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Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong.