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14 Wash. U. Jurisprudence Rev. 307 (2021-2022)
The Intrinsically Uncertain Doctrine of Basic Structure

handle is hein.journals/wujurisre14 and id is 319 raw text is: THE INTRINSICALLY UNCERTAIN DOCTRINE OF BASIC STRUCTURE NAFIZ AHMED ABSTRACT In recent years, the doctrine of basic structure introduced by the judiciaries of several jurisdictions with constitutional supremacy has occupied an important place in constitutional discourse. Using this doctrine, the courts grant themselves the extraordinary power to strike down constitutional changes made by the people's representatives based on the content of the amendments. The extraordinary nature of this doctrine gives rise to concerns regarding the separation of powers in the relevant jurisdictions as it empowers the judiciary to limit the powers of the legislature. This essay argues that the doctrine of basic structure is an intrinsically vague legal principle that brings uncertainty to the relevant legal systems. This essay illustrates that the doctrine of basic structure adds to the existing uncertainty surrounding the principle of separation of powers. This essay shows, through the study of India, Bangladesh, and Pakistan that regardless of the jurisdictions having different experiences with the doctrine of basic structure, the doctrine remains vague and lacks certainty. Adjunct Lecturer, Department of Law, North South University; LL.M. (University of Cambridge); LL.B. (North South University). The author thanks Dr. John Allison for his detailed comments on an earlier draft of this paper. The author is also grateful for the comments of Prof. Peter Cane, Emraan Azad, and the participants of the LLM Public Law Seminar Paper (2020-21) at the University of Cambridge. He appreciates the excellent editorial help provided by the editorial team of Washington University Jurisprudence Review. Lastly, the author expresses his utmost gratitude towards Nasir Uddin Ahmed for his unwavering support from this world and beyond. The author can be reached at na538@cantab.ac.uk.

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