Institutions of Accountability Series : The Judiciary Policy Note

The courts are one of the most fundamental institutions where power is contested in a constitutional democracy. A functioning and an independent judiciary can restrain and hold the executive accountable together with other state institutions, as well as political and economic elites. A robust judiciary is imperative in establishing rulebased governance. In November 2007, the subordinate judiciary in Bangladesh was formally separated from the executive by bringing in force the main findings of the case of Masdar Hossain. In this context, the Institute of Governance Studies (IGS), by way of this Policy Note, aims to provide a number of policy recommendations, which could further strengthen the independence of the 1 judiciary. This Policy Note focuses on four issues: Issue 1: Independence - the extent to which the judiciary is autonomous from the executive's control Issue 2: Accountability - the extent to which the judiciary can be held responsible for its decisions and actions Issue 3: Efficiency - the internal capacity of the judiciary to carry out its objectives Issue 4: Effectiveness - the extent to which the judiciary has achieved its objectives/mandates We believe that if the policy recommendations are fully implemented, they would assist both the higher and subordinate judiciary to perform collectively as an institution of accountability by resolving disputes.