A Natural Law Theory of Constitutional Legitimacy | Anmol Kohli

In A Natural Law Theory of Constitutional Legitimacy: The Basic Structure Doctrine and “Good Reasons for Action”, Anmol Kohli argues that there has been insufficient analysis of the basic structure doctrine from the perspective of legal theory and constitutional legitimacy. The author delves into the domain of natural law theory and argues that the basic structure doctrine by ensuring unamendability of core values, secures minimum moral goodness and legal procedures. Both of these values make a stronger claim for legitimacy of the Constitution of India. The author strengthens this argument by stating that the basic structure ought to apply to ordinary laws alongside the review of fundamental rights and by envisioning the review of basic structure as a Dworkinian right. The author concludes that the basic structure should only establish a minimum criterion of goodness that all laws must pass along with procedures.

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CALQ Vol. 5

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