An induction of basic structure doctrine in Malaysian jurisprudence and Federal Constitution: an overview
This research work explores the historical formation of the Federal Constitution. Further, the object of this study is to elaborate the scope of the sovereignty of the Malaysian parliament and its implied embedded limitation with regard to amending the salient features of the Federal Constitution....
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2020
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| Online Access: | http://journalarticle.ukm.my/16132/1/34100-135461-1-PB.pdf http://journalarticle.ukm.my/16132/ https://ejournal.ukm.my/juum/issue/view/JUUM |
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| Summary: | This research work explores the historical formation of the Federal Constitution. Further, the object of this study is to
elaborate the scope of the sovereignty of the Malaysian parliament and its implied embedded limitation with regard
to amending the salient features of the Federal Constitution. The author also discusses the historical background
of inception and rejection of the Basic Structure Doctrine in the Malaysian jurisprudence. In pursuance of inception
and rejection, three leading cases are also critically discussed. Moreover, the authors also discuss three leading
cases wherein the Federal Court formally adopted basic structure doctrine and overlooked its own previous rejection
approach. Lastly, it concludes that the scheme of the Federal Constitution indicates that there are various implied
substantive limitations over the amending power of the parliament even in the absence of preamble and directive
principles. |
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