La basic structure doctrine approda in Africa. La Corte d'Appello del Lesotho e gli emendamenti costituzionali incostituzionali

This essay investigates, through the recent jurisprudence of the Lesotho Court of Appeal, the unconstitutional constitutional amendments, the cross-fertilization of the basic structure doctrine and the circulation of the Westminster model in the British Commonwealth. The Lesotho Court of Appeal, by assessing the unconstitutionality of the 9th Amendment Act, which would have only minimum consequences over the parliamentary form of government, grounded its judgement over the basic structure doctrine of the Indian Supreme Court. Therefore, in the essay a comparison with other judgments of African apex courts where the basic structure was not applied will be offered and the reasoning of the Court of Appeal of Lesotho will be critically evaluated, taking into consideration the valuable argumentation of the dissenting opinion.