Thursday, October 23, 2008
Soli J.Sorabjee's critique of I.R.Coelho judgment
In his lecture delivered at Oslo University, Norway on October 6, Soli J.Sorabjee defends the basic structure doctrine, but offers a mild critique of the I.R.Coelho judgment. He says: "With the utmost respect, the judgment is not conducive to clarity. It has introduced nebulous concepts like 'the essence of the rights' test. Besides, apart from the express terms of Articles 21, 14 and 19, what are the principles underlying thereunder? One does not have to be a prophet to visualise further litigation to explain the Coelho judgment which is sure to add to the prevailing confusion." The full text of his lecture can be accessed here. I thank him for sharing a copy of his erudite lecture with us.