法学家 ›› 2009, Vol. 0 ›› Issue (1): 149-160.

• 论文 • 上一篇    

宪法修正案的合宪性审查: 以印度为中心

柳建龙,法学博士,中国青年政治学院法律系讲师   

  • 出版日期:2009-02-15 发布日期:2012-05-18

Judicial Review of Constitutional Amendments:India’s Experiences

  • Online:2009-02-15 Published:2012-05-18

Abstract: Judicial review of Constitutional Amendments, or to control the exercising of constituent power is highly disputed .Incontext of traditional doctrines of Constitutional Law, it is an exception of judicial review according to doctrine of politicalquestions .However, in India doctrine of basic structures was evolved in order to meet the special political and social de-mands. The dissertation takes the history of judicial review of Constitutional Amendments, its theoretical grounds andtests and judging techniques into consideration, and concludes that it is embodied in the text and practices of Indian Con-stitution.

Key words: Constitutional Amendments, Judiciability, Doctrine of Basic Structures