Profile image of M. Ehteshamul (Tanim) Bari

Dr M. Ehteshamul (Tanim) Bari

STAFF PROFILE

Position

Lecturer (Constitutional Law)

Faculty

Faculty of Business and Law

Department

BL Law

Campus

Melbourne Burwood Campus

Contact

mebari@deakin.edu.au
+61 3 924 43855

Biography summary

Dr M. Ehteshamul Bari is a Lecturer in Law and the Director of Deakin JD Program at Deakin University. Prior to joining Deakin, he taught in the Macquarie Law School at Macquarie University for several years. Dr Bari did his PhD in Law from Macquarie University in 2015 on an International Macquarie University Research Excellence Scholarship; LLM (with Distinction) from the University of Malaya in 2011; LLB (with 1st Class Honours) from the University of Dhaka in 2009; and Diploma in Law from the University of London in 2005. Dr Bari’s primary teaching and research expertise lies in the areas of constitutional law, human rights law, Asian law, public international law and jurisprudence and legal theory.

Dr Bari is the author of the monograph, titled 'States of Emergency and the Law: The Experience of Bangladesh', published by Routledge (London/New York) in July 2017. He has also published in reputed peer reviewed Journals, such as the Suffolk Transnational Law Review, Oxford University Commonwealth Law Journal, San Diego International Law Journal, Commonwealth Law Bulletin and the Journal of East Asia and International Law. Visit the SSRN website for a  complete list of his publications.

Dr Bari is the recipient of a number of prestigious awards: a) the Macquarie University Faculty of Arts Executive Dean’s Higher Degree Research Award for Best Publication, 2014; b) the ‘Excellence in Law Award’ (the best paper award) for his paper titled ‘The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal’ at the International Academic Conference on Law and Politics, held in Istanbul, Turkey, from 26-27 April 2014; and c) Justice Syed Mohammad Hossain Memorial Gold Medal for securing the highest marks in Constitutional Law at the LLB (Honours) Examination of the University Dhaka.

Career highlights

Scholarly Publications

Monograph

M. Ehteshamul Bari, States of Emergency and the Law: The Experience of Bangladesh (London & New York: Routledge, 2017) pp 282 (approximately 120, 000 words). ISBN: 9781138051119.

Articles in Refereed Journals

1. M. Ehteshamul Bari, ‘The Enactment of the Prevention of Terrorism Act, 2015 in pursuance of the Constitution of Malaysia: Reincarnation of the Notorious Internal Security Act, 1960?’ (2018) 41(1) Suffolk Transnational Law Review (Forthcoming; Accepted for publication as the lead article on 15 September 2017)
2. M. Ehteshamul Bari, ‘Preventive Detention Laws in Bangladesh and Their Increased Use during Emergencies: A Proposal for Reform’ (2017) 17(1) Oxford University Commonwealth Law Journal pp 45-74 (Scopus Indexed Journal)
3. M. Ehteshamul Bari, ‘Supersession of the Senior-Most Judges in Bangladesh in Appointing the Chief Justice and the Other Judges of the Appellate Division of the Supreme Court: A Convenient Means to a Politicized Bench’ (2016) 18(1) San Diego International Law Journal pp 33-76.
4. M. Ershadul Bari, M. Ehteshamul Bari & Safia Naz, ‘Recent Establishment of the Judicial Appointments Commission in Malaysia to improve the Constitutional Method of Appointing the Judges of the Superior Courts: A Critical Study’ (2015) 41(2) Commonwealth Law Bulletin pp 231-252 (DOI: 10.1080/03050718.2015.1049634) (Scopus Indexed Journal).
5. M. Ehteshamul Bari, ‘The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal’ (2014) 21(2) Jurisprudence pp 578-598.
6. M. Ehteshamul Bari, ‘The Natural Death of the Supreme Judicial Commission of Bangladesh & the Consequent Patronage Appointments to the Bench: Advocating the Establishment of an Independent Judicial Commission’ (2014) 1 International Review of Law pp 1-17.
7. M. Ehteshamul Bari & Johan Shamsuddin, ‘Establishment of Judicial Commissions in Malaysia and Bangladesh to Strengthen the Constitutional Process of Appointment of the Higher Judiciary: A Comparative Study’ (2013) 40 Journal of Malaysian and Comparative Law pp 87-107.
8. M. Ershadul Bari & M. Ehteshamul Bari, ‘Liberalisation of the Traditional Rule of Locus Standi in the United Kingdom and Malaysia: A Comparative Study’ (2012) 39 Journal of Malaysian and Comparative Law pp 23-60.
9. M. Ehteshamul Bari, ‘Dispensation of Justice by the Extraordinary Chambers in the Courts of Cambodia: A Critical Appraisal’ (2011) 4(1) Journal of East Asia and International Law pp 193-216 (ISI & Scopus cited publication).
10.  M. Ehteshamul Bari, ‘The Economic and Social Council and the Specialized Agencies’ (2008) 5 Rajshahi University Law Journal pp 55-70.
11.  M. Ehteshamul Bari & Kazi Md. Atiqur Rahman, ‘Bringing the Khmer Rouge Leaders to Justice in Cambodia Responsible for the Atrocity Crimes of the Pol Pot Regime Committed in the 1970’s’ (2006) 6(2) The Islamic University Studies pp 24-36. 

Research interests

Constitutional Law

Human Rights Law

Asian Law

Public International Law

Affiliations

Castan Centre for Human Rights Law, Monash University, Melbourne, Australia.

Member, Law & Society Association of Australia and New Zealand (LSAANZ)
 

Teaching interests

Constitutional Law

Human Rights Law

Jurisprudence

Units taught

MLL323 Constitutional Law

MLJ709 Constitutional Law and Policy

MLM719 Human Rights and Policy

Knowledge areas

Constitutional Law

Human Rights Law

Asian Law

Jurisprudence and Legal Theory

Public International Law

Conferences

1. M. Ehteshamul Bari, ‘The Deletion of the Chapter on the “Non-Party Care-taker” Government from the Constitution of Bangladesh and the Subsequent One-Sided General Election in 2014: Addressing the Necessity to Prevent Bangladesh’s Lapse into Tyranny’, International Conference on Law and Society, Mexico City, Mexico, (20-23 June 2017).

2. M. Ehteshamul Bari, ‘Judicial Independence 2.0 in Bangladesh: the Triumph of an All-Powerful Executive over the Superior Judiciary’, [Was accepted for presentation in the 12th Asian Law Institute (ASLI) Conference, National Taiwan University, Taipei, Taiwan (21-22 May 2015)].
3. M. Ehteshamul Bari, ‘The Exercise of Emergency Powers in Bangladesh: The Means for Subversion of the Rule of Law’, Annual Postgraduate Conference in Public Law, Gilbert + Tobin Centre for Public Law, University of New South Wales, Australia (17-18 July 2014).
4. M. Ehteshamul Bari, ‘The Exercise of Emergency Powers in India, Pakistan and Bangladesh: Problems and Prospects’, The 11th Asian Law Institute (ASLI) Conference, Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia (29-30 May 2014).
5. M. Ehteshamul Bari, ‘The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal’, International Academic Conference on Law and Politics, Istanbul, Turkey (26-27 April 2014) (judged the best paper in law).
6. M. Ehteshamul Bari, ‘Suspension of All the Fundamental Rights during the 2007 Proclamation of Emergency in Bangladesh: A Critical Appraisal’, ‘Law on the Edge’ Conference, University of British Columbia, Vancouver, Canada (1-4 July 2013).
7. M. Ehteshamul Bari, ‘Justification of the Emergencies Proclaimed in India’, Annual Postgraduate Conference in Public Law, Gilbert + Tobin Centre for Public Law, University of New South Wales, Australia  (12-13 July 2012).
8. M. Ehteshamul Bari, ‘Higher Judicial Appointments in Malaysia and Bangladesh: A Comparative Study’, Faculty of Law, University of Malaya, Kuala Lumpur, Malaysia on 20 December 2010.

Media appearances

Media Appearances and News Briefs on My Research

1. Tom Lodewyke, ‘National security doesn’t trump democratic values, academic says’, Lawyers Weekly (online), 28 August 2017 
2. SBS Australia, ‘Interview with Dr M. Ehteshamul Bari’, 12 August 2017 
3. Courier Briefing on the Superior Judiciary of Bangladesh, ‘Judging the Judges’, The Dhaka Courier, 5 May 2016 
 

Awards

1. Recipient of the ‘Executive Dean’s Higher Degree Research Award for Best Publication or Creative Output’, 2014, Faculty of Arts (consisting of 11 Schools/Departments, including the Macquarie Law School), Macquarie University.

2. Recipient of the ‘Excellence in Law Award’ (the best paper award) at the International Academic Conference on Law and Politics, held in Istanbul, Turkey, from 26-27 April 2014, for the paper titled ‘The Unjust Exercise of Emergency Powers in Bangladesh and Their Consequent Impact on the Fundamental Rights: A Critical Appraisal’ drawn from my PhD thesis.

3. Recipient of the ‘Justice Syed Mohammad Hossain Memorial Gold Medal’ for securing the highest marks in Constitutional Law in the LLB (Honours) program at the University of Dhaka, Bangladesh.

Publications

Filter by

2017

Preventive detention laws in Bangladesh and their increased use during emergencies: a proposal for reform

M Bari

(2017), Vol. 17, pp. 45-74, Oxford University commonwealth law journal, Abingdon, Eng., C1

journal

States of emergency and the law: the experience of Bangladesh

M Bari

(2017), A1

book
2016

Supersession of the senior-most judges in Bangladesh in appointing the chief justice and the other judges of the appellate division of the supreme court : a convenient means to a politicized bench

M Bari

(2016), Vol. 18, pp. 33-76, San Diego international law journal, San Diego, Calif., C1

journal
2015

The establishment of the Judicial Appointments Commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : a critical study

M Bari, M Bari, S Naz

(2015), Vol. 41, pp. 231-525, Commonwealth law bulletin, Abingdon, Eng., C1-1

journal
2014

The natural death of the Supreme Judicial Commission of Bangladesh and the consequent patronage appointments to the Bench: advocating the establishment of an Independent Judicial Commission

M Bari

(2014), Vol. 2014, pp. 1-17, International review of law, Doha, Qatar, C1-1

journal

The unjust exercise of emergency powers in Bangladesh and their consequent impact on the fundamental rights: a critical appraisal

M Bari

(2014), Vol. 21, pp. 578-598, Jurisprudence, Vilnius, Lietuvos, C1-1

journal
2013

Establishment of judicial commissions in Malaysia and Bangladesh to strengthen the constitutional process of appointment of the higher judiciary: a comparative study

M Bari, J Shamsuddin

(2013), Vol. 40, pp. 87-107, Journal of Malaysian and comparative law, Malaysia, C1-1

journal
2012

Liberalisation of the raditional rule of locus standi in the United Kingdom and Malaysia: a comparative study

M Bari, M Bari

(2012), Vol. 39, pp. 23-60, Journal of Malaysian and comparative law, Malaysia, C1-1

journal
2011

Dispensation of justice by the extraordinary chambers in the courts of Cambodia: a critical appraisal

M Bari

(2011), Vol. 4, pp. 193-216, Journal of East Asia and international law, Seoul, South Korea, C1-1

journal

Funded Projects at Deakin

No Funded Projects at Deakin found

Supervisions

No completed student supervisions to report