Title: Grounding the Basic Structure in Legal Theory
Published on: May 25, 2023
Published in: Madras Law Journal
Dr. Jain contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, he makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.
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