Intl. Lecture with Prof Muh Ekramul Haque, Univ Dhaka, Bangladesh: Impact of Comparative Institutional Law

News of UNAIR Postgraduate School, 28 Aug 2021 – Airlangga University graduate school again held the Airlangga Forum, this time the discussion forum raised the theme IMPACT OF COMPARATIVE CONSTITUTIONAL LAW ON THE LIBERALIZATION OF LOCUS STANDI: CONSTITUTIONAL TRANSPLANT OF PUBLIC INTEREST LITIGATION IN BANGLADESH. Present as a speaker as well as a resource person at this discussion forum, Prof. Ekram from Bangladesh.

Discussing the constitutional transplant to legal interests, he argues that in a system of course we expect justice and nobility from the system. How to prove the justice and nobility of the system? Prof. Ekram said that the justice of a government system can be proven by how the public and the wider environment think about the system, because the government system is a public service and it can be proven from the system’s aspirations from the community.

Judging from some countries that do have their own customs and traditions, system transplantation is not easy to implement. As with the implementation of the system in India and several other countries, it is irrelevant and less accepted by the wider community. Almost the same as the transplantation of the ancient system that may still be carried over or still used today, such as the Soviet Union in general.

Then in terms of justice regarding the court and several cases explained by Prof. Ekram. It is not much different from what happened in Indonesia that the difference between the regulations from one party to another, so that it is not the court that decides the outcome or decision and the process in court, but it is the difference in sides or differences in the parties that regulates the resolution of the problem in the court. But on the other hand, some parties prioritize the rights of the people who are indeed the target of the government process with a slightly different process even in terms of community service. They play a little to side with the real rights of the community even though it is in the context of justice. As we can see today, policy in the courts is not due to regulations that have been structured and formed neatly, but from the policies of certain parties who have a set. 

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