“Limits to Executive Rulemaking Powers: The Quiescence of the British Courts?”, 4 June 2021
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 4 June 2021
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
This article celebrates the global migration of the "Basic Structure Doctrine" to Kenya. Baxi analyzes how the Kenyan High Court used Indian legal principles to strike down the "Building Bridges Initiative," which sought to fundamentally alter the constitution. He describes this as a "triumph of South-South legal dialogue." The Kenyan court's recognition of "constituent power" demonstrates that certain constitutional features are beyond the reach of a temporary parliamentary majority. This case reinforces Baxi’s view that the Basic Structure is not a local judicial invention but a universal safeguard against legal autocracy and constitutional destruction. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository