Judicial Activism vs. Judicial Restraint in Bangladesh Constitution

Abstract

This thesis examines the concepts of Judicial Activism and Judicial Restraint within the constitutional framework of Bangladesh. It analyzes how the judiciary, particularly the Supreme Court of Bangladesh, has interpreted and applied constitutional principles through activist and restrained approaches. By evaluating landmark constitutional cases, this study explores the balance between judicial intervention and respect for separation of powers. The thesis argues that while judicial activism has played a vital role in protecting fundamental rights and strengthening constitutionalism in Bangladesh, excessive activism risks undermining democratic legitimacy, making judicial restraint equally essential.