The politics of unconstitutional amendments in Bangladesh

R Hoque - The Law and Politics of Unconstitutional …, 2021 - api.taylorfrancis.com
The Law and Politics of Unconstitutional Constitutional …, 2021api.taylorfrancis.com
That a constitutional amendment can be unconstitutional despite its procedural compliance
with the amendment rule is not a new concept in public law. The idea of “unconstitutional
constitutional amendment”(UCA) is rather a well-developed, living concept. The idea is
premised on the theorising that a constitution comprises certain essential cores and,
therefore, an amendment that dismantles one or more of those essentials is unconstitutional.
The idea of unconstitutional constitutional amendment is famously known as “the doctrine of …
That a constitutional amendment can be unconstitutional despite its procedural compliance with the amendment rule is not a new concept in public law. The idea of “unconstitutional constitutional amendment”(UCA) is rather a well-developed, living concept. The idea is premised on the theorising that a constitution comprises certain essential cores and, therefore, an amendment that dismantles one or more of those essentials is unconstitutional. The idea of unconstitutional constitutional amendment is famously known as “the doctrine of basic structure” in South Asia. 1 The Supreme Court of Bangladesh subscribed to the idea in its 1989 decision in Anwar Hossain Chowdhury v Bangladesh (the 8th Amendment Case). 2
api.taylorfrancis.com
以上显示的是最相近的搜索结果。 查看全部搜索结果

Google学术搜索按钮

example.edu/paper.pdf
搜索
获取 PDF 文件
引用
References