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[1] [2] [3] The doctrine thus forms the basis of the power of the Supreme Court of India to review and strike down constitutional amendments and acts enacted by the Parliament which conflict with or seek to alter this "basic structure" of the Constitution. The basic features of the Constitution have not been explicitly defined by the Judiciary ...
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance.. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the ...
to enforce "by appropriate legislation" the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution (a function of the Constitution's Necessary and Proper clause); [39] to propose, by a two-thirds vote, constitutional amendments for ratification by three-fourths of the states pursuant to the terms of Article V. [38]
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification.
These "basic features" have not been fully defined, [56] and whether a particular provision of the constitution is a "basic feature" is decided by the courts. [63] The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure: [1] Supremacy of the constitution; Republican, democratic form of government; Its ...
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory , constitutionalism , philosophy of law and democratic theory.
Philip Norton wrote in a 1984 book that Introduction was the "most influential work of the past century" on the British constitution. [11] Introduction identifies basic principles of English constitutional law including parliamentary sovereignty and the rule of law. [12] [11] According to Dicey, the rule of law, in turn, relies on judicial ...
Therefore, the words 'amendment of the Constitution' in spite of the width of their sweep and in spite of their amplitude, could not have the effect of empowering the Parliament to destroy or abrogate the basic structure or framework of the Constitution. This gave birth to the basic structure doctrine, which has been considered as the ...