Grounding the Basic Structure in Legal Theory

Title: Grounding the Basic Structure in Legal Theory

Published on: May 25, 2023

Published in: Madras Law Journal

Dr. Sanjay Jain

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.

Read the article here.