Law & Our Rights

Law & Our Rights

International Law / International Law: A Shield for the Powerful or a Rule for All?

A compelling exchange once took place between Shami Chakrabarti, former president of the UK-based human rights organisation Liberty, and the eminent jurist Lord Thomas Bingham following his lecture on ‘The Rule of Law’.

Constitutional Reform / The principle of proportionality and fundamental rights

Recently, the Constitution Reform Commission (CRC) has made certain reform proposals to be brought to the Constitution. Two main reforms are central to the CRC’s proposal relating to fundamental rights. First, the CRC advocates for the justiciability of socio-economic rights, recognising them as enforceable legal rights subject to “progressive realisation” based on available resources. Judicial oversight would ensure that the state demonstrates reasonable efforts in fulfilling these rights.

Constitutional law / The enforcement of unenforceable constitutional rights

In 1937, Ireland, for the first time, incorporated the Economic, Social and Cultural (ESC) rights in its Constitution as unenforceable directive principles. Countries such as India and Bangladesh followed the same model in their respective Constitutions.

Rethinking constitutional minimalism

In the midst of the political transition facing Bangladesh, some people have suggested that the country should adopt a simpler constitution, akin to that of the United States— one that enshrines only the loftiest aspirations of the people while relegating procedural intricacies to statutory enactments.

9m ago

Lebanon’s War Crime Zone

According to the Charter of the United Nations under article 2(4) all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other way inconsistent with the purposes of the United Nations.

9m ago

DHLR organises seminar on judicial independence

On 5 October 2024, the Dhaka Law Review (DHLR), a student-run law review based in the Department of Law, University of Dhaka, organised a seminar on “Judicial Independence and Reforms: Post-Revolution Expectations.”

9m ago

Constitution, legitimacy, and governance: Addressing the hard questions

There are some serious debates around the constitutionality of Bangladesh’s interim government. We have seen attempts to justify it both in terms of Hans Kelsen’s Grundnorm theory and the existing Constitution.

9m ago

Incidents of sexual harassment and our inadequate laws

In recent months, the streets and public transports have become increasingly unsafe, with women facing escalating levels of harassment, intimidation, and verbal abuse. What was once an unspoken daily struggle has now intensified, with more aggressive tactics being employed by the perpetrators. In some instances, the harassment has taken the form of physical violence, with social media flooding with statements of women experiencing harassments, assaults, and abuse.

9m ago

The non-performing loans and dilemmas for our lending institutions

The macroeconomic challenges of Bangladesh keep accelerating due to the constant presence of nonperforming loans in the banking sector.

9m ago

Police reform: Changing 150- yr-old law will be top priority

The Police Reform Commission will primarily focus on the amendment to the police laws and regulations to make the force time-befitting and turn it into pro-people and service-oriented.

9m ago

Crimes during and after a revolution

With the participation of students and people from all walks of life, the students and masses have brought down the previous regime. While we look forward to a new start, we must not forget the atrocities, violence, and crime spree that took place during and after the uprising.

9m ago

On menstrual leave policies

Menstrual leave implies time offs for female employees while they experience menstrual pain. Dysmenorrhea or period cramp is a common phenomenon for a vast swathe of menstruating women. According to the American College of Obstetricians and Gynecologists, menstrual pain is so severe for some people that they are unable to perform regular activities for several days.

9m ago

Calls for overhauling the Cyber Security Act 2023

Whilst reviewing the Cyber Security Law of 2023, we should first analyse the Digital Security Act (DSA) of 2018. Since its inception, the DSA has faced widespread criticism for being used as a tool to suppress freedom of speech, expression, press, and human rights.

9m ago