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Is the Basic Structure Basic ?

Samuel Scheffler

in The Egalitarian Conscience: Essays in Honour of G. A. Cohen

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199281688
eISBN:
9780191603747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199281688.003.0007
Subject:
Political Science, Political Theory

This essay focuses on Cohen’s recent arguments for extending the scope of justice beyond Rawls’s formulation. It argues for the merits of Rawls’s argument that the primary subject of justice should ... More


Justifying Cosmopolitanism: A Methodological Critique

Claus Nielsen

in Justice in a Globalized World: A Normative Framework

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199593859
eISBN:
9780191731457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593859.003.0003
Subject:
Political Science, Political Theory

This chapter considers the different methodologies grounding the justification of cosmopolitan principles and shows that they are affected by significant difficulties. It distinguishes between two ... More


 The Focus on the Basic Structure

Thomas Pogge

in John Rawls: His Life and Theory of Justice

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195136364
eISBN:
9780199867691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195136364.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter marks the beginning of the remainder of the book's focus, which is on Rawls's most prominent work in political philosophy, A Theory of Justice. It examines the key idea of the “basic ... More


Institutions and Justice

Kok-Chor Tan

in Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199588855
eISBN:
9780191738586
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588855.003.0002
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter recounts the justifications for the institutional approach, arguing in particular that an institutional focus allows for a way of balancing the demands of justice and the legitimate ... More


Applying Basic Structure Review: The Limits of State Action and the Standard of Review

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0003
Subject:
Law, Constitutional and Administrative Law

After the conception of the basic structure doctrine in Kesavananda Bharati v. State of Kerala, a clear type of basic structure review of constitutional amendments emerges in Indira Gandhi v. Raj ... More


Legitimacy of the Basic Structure Doctrine

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0005
Subject:
Law, Constitutional and Administrative Law

The basic structure doctrine has, since its inception in Kesavananda Bharati v. State of Kerala in 1973, often been criticized as being illegitimate. This chapter examines the key challenges to the ... More


DEDUCTIVE LOGIC, REDUCTIVE LOGIC, AND PROOF-SEARCH

David J. Pym and Eike Ritter

in Reductive Logic and Proof-search: Proof Theory, Semantics, and Control

Published in print:
2004
Published Online:
September 2007
ISBN:
9780198526339
eISBN:
9780191712012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198526339.003.0001
Subject:
Mathematics, Logic / Computer Science / Mathematical Philosophy

This chapter offers an explanation of the basic concepts of reductive logic and proof-search. A discussion of the mathematical prerequisites needed for this study is also included. Key basic topics ... More


Conclusion

Claus Nielsen

in Justice in a Globalized World: A Normative Framework

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199593859
eISBN:
9780191731457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593859.003.0009
Subject:
Political Science, Political Theory

This concluding chapter shows how the framework developed in the book (a) successfully overcomes the theoretical and practical difficulties affecting cosmopolitanism and statism, and (b) offers a ... More


Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Sudhir Krishnaswamy

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.001.0001
Subject:
Law, Constitutional and Administrative Law

The basic structure doctrine was announced by the Supreme Court in Kesavananda Bharati v. State of Kerala in 1973. This book argues that basic structure review in India is an independent and distinct ... More


Grounds of Review: Basic Features of the Constitution

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0004
Subject:
Law, Constitutional and Administrative Law

In Kesavananda Bharati v. State of Kerala, the Indian Supreme Court announced the basic structure doctrine, but it fell to later decisions to elaborate on the nature and character of basic features ... More


The Broadening Scope of Basic Structure Review: Emergency, Legislative, and Executive Powers

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0002
Subject:
Law, Constitutional and Administrative Law

In India, the doctrine of basic structure review was developed in the context of challenges to the validity of constitutional amendments. Ordinary legislative power and executive power is subject to ... More


Evading the Demands of Justice?

Kok-Chor Tan

in Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199588855
eISBN:
9780191738586
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588855.003.0003
Subject:
Philosophy, Political Philosophy, Moral Philosophy

This chapter develops and clarifies the institutional account proposed in the previous chapter by posing it against some of the important criticisms leveled against the institutional approach. ... More


Amending Power: The Constitutional Basis for Basic Structure Review

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0001
Subject:
Law, Constitutional and Administrative Law

Between 1951 and 1973, the Indian Supreme Court accepted two separate arguments for judicial review of constitutional amendments: first, constitutional amendments are subject to judicial review under ... More


The Obvious Foundation Test: Re-inventing the Basic Structure Doctrine

Raju Ramachandran and Mythili Vijay Kumar Thallam

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0009
Subject:
Law, Legal Profession and Ethics

This essay deals with the ramifications of the judgment in the National Judicial Appointments Commission Case for the basic structure doctrine. The doctrine of basic structure places limits on the ... More


Courts in Transition

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter makes the case for an empowered judicial role in the constitutional governance of emerging democracies in Asia. Courts play a significant role in checking political power in dominant ... More


The Basic Structure of Society as the Primary Subject of Justice

Samuel Freeman

in Liberalism and Distributive Justice

Published in print:
2018
Published Online:
July 2018
ISBN:
9780190699260
eISBN:
9780190699291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699260.003.0008
Subject:
Philosophy, Political Philosophy

Rawls says that there are two sources for the primacy assigned to the basic structure: the profound effects of basic social institutions on persons and their future prospects, and the need to ... More


Justice Chelameswar’s Dissent: Reforming to Preserve

Arghya Sengupta

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0013
Subject:
Law, Legal Profession and Ethics

This essay commences with a discussion of how Justice Chelameswar’s dissenting judgment in the NJAC Case understands the basic structure doctrine. Moving ahead, the essay dissects the methodology ... More


The Sole Route to an Independent Judiciary?: The Primacy of Judges in Appointment

Gautam Bhatia

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0011
Subject:
Law, Legal Profession and Ethics

This essay critically analyses the judgment in the NJAC Case against the vehemently contested issue of judicial primacy in appointments. The author examines the NJAC Case’s treatment of the question ... More


Conclusions

Allen Buchanan

in The Heart of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199325382
eISBN:
9780199369300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199325382.003.0008
Subject:
Philosophy, Political Philosophy

This chapter recaps the central methodological themes of the book, lists ten major conclusions, and then identifies several key challenges to the system of international legal human rights. It argues ... More


Constitutional Adjudication and Constitutional Politics

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter explores the role of courts and how judicial review operates in practice within the wider political context of Asian states historically dominated by consolidated political power. ... More


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