Glossary
Basic structure doctrine
constitutional
The principle that constitutional amendments cannot destroy a constitution's essential features.
In more detail
Established in India by Kesavananda Bharati (1973), the doctrine allows a court to invalidate a formally valid amendment that abrogates fundamental features such as judicial review, federalism or secularism. Comparable ideas appear in Germany's eternity clause and Brazil's cláusulas pétreas.
Related terms
- eternity-clause
- judicial-review
See how this applies to you
Definitions are general. How a term operates depends on the jurisdiction you are in.