Judicial Remedies for Forced Slum Evictions in Bangladesh
An Analysis of the Structural Injunction
Bibliographic Data
| ID | 3793103 |
|---|---|
| Authors | M Atia Naznin (0000-0003-1579-0802), Shawkat Alam (0000-0002-5351-2478) |
| Year | 2019 |
| Volume | 6 |
| Issue | 01 |
| Pages | 99-129 |
| Publication date | 2019-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2018.1 |
| OpenAlex | W2859276277 |
| Language | EN |
| Citations received | 1 |
| References cited | 22 |
The adoption of weak remedies, such as declarations or recommendations by the Bangladesh Supreme Court in litigations on state-induced forced slum evictions, significantly contributes to the tardy implementation of court orders. In this context, there is a growing global consensus on the structural injunction-a remedy that enables judges to monitor and bring about governmental compliance with judicial orders of social rights litigation. The Bangladesh Supreme Court faces several real and compelling challenges relating to its constitutional authority and institutional capacity that hinder remedial innovation. Through examining relevant constitutional provisions, judicial approach, and comparative examples, this article argues that the court has the capacity to overcome these constraints. Thus, it advocates judicial reform in Bangladesh to offset the state's often arbitrary interference with the basic necessity of housing of the slum dwellers
Context (archaeology · Geography · Judicial review · Political science · Remedial education · Slum · Sociology · State (computer science · Supreme court · Bangladesh Politics, Society, and Development · Land Rights and Reforms · Urban and Rural Development Challenges · Law
The Role of the Judge in Public Law Litigation
The constitution, social rights, and liberal political justification
Home for human development
Taking justice seriously
Fear of Eviction
Bastee eviction and housing rights
Definitions of homelessness in developing countries
Executive-Judiciary Relations in Bangladesh
Grootboom and Reassessing
Left Out in the Cold? Crafting Constitutional Remedies for the Poorest of the Poor
Coming to Terms with Judicial Enforcement of Socio-Economic Rights
| Citations per year | 0.25 |
|---|---|
| Citation span | 2022 - 2022 (1) |
| Highly cited | No |