Quotation Polzin, Monika. 2021. The Basic Structure Doctrine and its German and French Origins - A Tale about Migration, Integration and the Waters of Forgetfulness. Indian Law Review. 1-17.


RIS


BibTeX

Abstract

One fascinating aspect of the Indian basic-structure doctrine for a German lawyer is that its origin and development were influenced by the German scholar, Dietrich Conrad. This paper therefore focuses on Conrad’s work and his French and German sources for the argument that there are implied limits on the amending power. It describes the journey of this idea to India and specifies which parts of these prior theoretical works were lost in time and space, which survived, and which were developed further.Finally, there is acomparison between the justification for the basic-structure in the Kesavanada judgment and the earlier German and French theoretical works. The main thesis is that the Indian basic-structure doctrine is a powerful example of how to justify implied limits on constitutional amendment based on a rule-of-law approach that is firmly rooted in the idea of a democratic and constitutional state.

Tags

Press 'enter' for creating the tag

Publication's profile

Status of publication Published
Affiliation External
Type of publication Journal article
Journal Indian Law Review
Language English
Title The Basic Structure Doctrine and its German and French Origins - A Tale about Migration, Integration and the Waters of Forgetfulness
Year 2021
Page from 1
Page to 17
Reviewed? Y
URL https://www.tandfonline.com/doi/full/10.1080/24730580.2020.1866882
DOI https://doi.org/10.1080/24730580.2020.1866882
Open Access Y
Open Access Link https://doi.org/10.1080/24730580.2020.1866882

Associations

People
Polzin, Monika (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5235 International law (Details)
5240 European law (Details)
5252 Basic and Human rights (Details)
5261 Comparative constitutional law (European -, international -) (Details)
Google Scholar: Search