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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "basic structure doctrine"
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Transformative Constitutionalism and the Basic Structure Doctrine: A New Account from Kenya

—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] On 13 May 2021, the Constitutional and Human Rights Division of the High Court of

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Published on May 26, 2021
Author:          Filed under: Developments
 
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Taking Constitutional Statecraft Beyond the Courts – a Book Review of Yvonne Tew’s “Constitutional Statecraft in Asian Courts”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Ming-Sung Kuo reviews Yvonne Tew’s book on Constitutional Statecraft in Asian Courts (Oxford University Press, 2020)] — Ming-Sung Kuo, Associate Professor, University of Warwick, UK National experiences in Asia have abundantly enriched the gene pool of comparative constitutional law thanks to great efforts of scholars from

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Published on May 7, 2021
Author:          Filed under: Reviews
 
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Judicial Supremacy, not Independence, Upheld in NJAC Judgment

—Rehan Abeyratne, Jindal Global Law School Last week, the Supreme Court of India issued a landmark judgment holding the National Judicial Appointments Commission (NJAC) unconstitutional. As Chintan Chandrachud has explained in detail on I-CONnect, the Court held that the NJAC violated the Indian Constitution’s “basic structure” by restricting the independence of the judiciary. The Court

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Published on October 23, 2015
Author:          Filed under: Developments
 
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Collaboration, Not Confrontation: The Indian Supreme Court on Judicial Appointments

—Chintan Chandrachud, PhD Candidate at the University of Cambridge and LLM Candidate at Yale Law School Today, a five-judge bench of the Indian Supreme Court decided amongst the most significant constitutional cases in its recent history – one that had prompted a moratorium on judicial appointments to the Supreme Court and the twenty-four High Courts. The

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Published on October 17, 2015
Author:          Filed under: Developments
 
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South Asian Constitutional Convergence Revisited: Pakistan and the Basic Structure Doctrine

—Majid Rizvi, Ph.D. Candidate, School of Law, University of Edinburgh In a contribution published on I.CONnect in January 2010, Richard Albert observed that the Supreme Court of Pakistan, in what was at the time a recent landmark judgment, seemed to be endorsing a view that closely approximates what is known in Indian public law as

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Published on September 18, 2015
Author:          Filed under: Developments
 
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Video Interview: Developments in Indian Constitutional Law Featuring Rohan Alva

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Rohan Alva on developments in Indian constitutional law. In the interview, we discuss judicial review, current controversies in the separation of powers, the adjudication of socio-economic rights, the judicial use and non-use of comparative public law, access to

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Published on November 13, 2014
Author:          Filed under: Developments
 
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Video Interview: A New Typology of Judicial Review Featuring Joel Colón-Ríos

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Joel Colón-Ríos on the subject of judicial review. His most recent paper, appearing here in the new journal Global Constitutionalism, addresses judicial review and is entitled “A New Typology of Judicial Review of Legislation.” In the interview, we discuss

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Published on October 22, 2014
Author:          Filed under: Uncategorized
 
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A Public Forum on Unconstitutional Constitutional Amendments

Last month, Professor Vicki Jackson moderated a fascinating public forum on unconstitutional constitutional amendments featuring Aharon Barak (former President of the Supreme Court of Israel) and Lech Garlicki (former judge on the European Court of Human Rights). The forum was video recorded and is now available for viewing here. The event was hosted by the

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Published on October 8, 2013
Author:          Filed under: Analysis
 
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

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Published on June 10, 2013
Author:          Filed under: Analysis
 
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Jurist’s Prudence: The Indian Supreme Court’s response to institutional challenges

—Rohit De, University of Cambridge On 12th September, 2012, the Supreme Court of India in the case of Namit Sharma v Union of India, ruled on a constitutional challenge to the new Information Commissions set up under the Right to Information Act. The court was responding to a public interest petition that challenged the eligibility

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Published on December 12, 2012
Author:          Filed under: New Voices