Constitutional & Rule of Law

Seminar 2023

Thursday 23 November 2023

REGISTRATIONS ARE NOW CLOSED

The Basic Structure Doctrine in Constitutional Law: Origins and Application

This year marks the 50th anniversary of the landmark case of Kesavananda Bharati v. State of Kerala, where the Supreme Court of India recognised the doctrine of the "Basic Structure" of the Constitution and decided that a constitutional amendment could be invalidated if it was inconsistent with the essential features - the Basic Structure - of the Constitution.

This seminar will be a discourse on the origins and evolvement of the Basic Structure doctrine, a reflection on how the doctrine has been adopted and applied in India and in other jurisdictions with written constitutions, and the existence of other theories to limit the unrestrained power to amend the Constitution.

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Event Details

All registered attendees of the 36th LAWASIA Conference 2023 in Bengaluru will benefit from a COMPLIMENTARY access to the Constitutional & Rule of Law Seminar: The Basic Structure Doctrine in Constitutional Law: Origins and Application.

Organised by the LAWASIA Constitutional & Rule of Law Committee and supported by The German Federal Bar (BRAK)

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REGISTRATIONS ARE NOW CLOSED

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Seminar Programme

15:00 - 17:00:

Opening Remarks

Dato' Dr Cyrus V Das, Chair, LAWASIA Constitutional & Rule of Law Committee | MALAYSIA
Ms Melissa K Pang, BBS, MH, JP, President of LAWASIA | HONG KONG SAR
Dr Ulrich Wessels, President, German Federal Bar | GERMANY

Sessions

1. The Origins & Evolvement of the Basic Structure Doctrine (BSD)

Professor Dr Michael Eichberger, Former Judge, The Federal Constitutional Court of Germany | GERMANY

2. The BSD: Fifty Years On:

Justice Mr RV Raveendran, Former Judge, Supreme Court of India | INDIA

3. Adoption & Application of the BSD :

Ms Karen Cheah Yee Lynn, President, The Malaysian Bar | MALAYSIA

4. Mr Md Imam Hossain, Bar-at-Law, Lincoln's Inn, UK; Advocate, Supreme Court of Bangladesh; Head of Chamber, IDCLA, BANGLADESH

5. Alternative Theories of a Limitation to an Unrestrained Amendment of the Constitution:

Mr Arthur Moses SC, Senior Counsel, New Chambers | AUSTRALIA

6. Questions and Answers

Moderated by Dato' Dr Cyrus Das, LAWASIA Constitutional & Rule of Law Committee | MALAYSIA

Closing Remarks

Mr Shyam Divan, LAWASIA President-Elect | INDIA
Dr Gordon Hughes AM, LAWASIA Secretary-General | AUSTRALIA
Ms Gaythri Raman, Managing Director (South East Asia), LexisNexis

17:00 - 18:00:

Networking Reception:

Hosted by LexisNexis

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