This analysis reveals the tension between judicial restraint and legislative change in constitutional frameworks, indicating differing approaches globally.
Constitutions worldwide try to balance legislative supremacy with judicial protection of constitutional values. The basic structure doctrine, from India, limits the legislature's authority to amend provisions that would destroy the constitution's essential features. By contrast, systems based on parliamentary sovereignty allow legislatures to alter constitutional arrangements without substantive judicial restriction. This study explores global judicial responses to transformative amendments. It examines the tension between judicial restraint and entrenchment and assesses how courts navigate the complex relationship between legislative authority and the preservation of core principles.
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Jubaer Shah (2026) studied this question.
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