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When Kenya’s Supreme Court said that the basic structure doctrine is not part of Kenya’s constitutional culture and therefore the 2010 Constitution will not be interpreted through that lens ...
The Emergency was more than a political crisis, as the Constitution’s basic structure was once again under siege.
The basic structure doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and the independence of the judiciary, cannot be amended or abrogated ...
It is natural that the basic structure which binds the Constitution also binds legislation that are derivatives of the former. The decision of the Court in deciding, on the Farm Act, on the ...
The essential concept of the basic structure doctrine is that Parliament cannot amend, alter, or remove certain foundational features of the Constitution through constitutional amendments.
Referring to a judgment passed by the Supreme Court on the foundation of the `Basic Structure' doctrine, he said Parliament has the power to amend, but it cannot alter the basic structure of the ...
The ‘basic structure’ doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and independence of the judiciary, cannot be amended or ...
Referring to a Supreme Court judgment based on the Basic Structure doctrine, Gavai said that while Parliament has the authority to amend the Constitution, it cannot change its basic structure.
In answering the first part, the Court acquiesced to the high deference that a basic structure test produces, holding that the general principle of equality is a part of the basic structure and is ...
Unlike the ‘basic structure’ doctrine, the oath of office jurisprudence has constitutional grounding.
The basic structure doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and the independence of the judiciary, cannot be amended or ...