Constitutional amendments

• Main Authors: Ali Mohamed, Ashgar Ali, Yaakob, Adnan, Maajid, Ahmad, Ahmad, Muhamad Hassan
• Format: Book Chapter
• Language: English
• Published: LexisNexis Malaysia Sdn Bhd 2022
• Subjects: K3165 Constitutional Law
• Online Access: http://irep.iium.edu.my/103979/1/103979_Constitutional%20amendments.pdf; http://irep.iium.edu.my/103979/; https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation

The Federal Constitution had, since its adoption in 1957 undergone amendments more than 57 times and the most recent is the reducing the voting age from 21 to 18 and to restore Sabah and Sarawak as equal partners to Malaya in Malaysia vide the Constitution (Amendment) Act 2019 (Act A1603) and the Constitution (Amendment) Bill 2021, respectively. The Federal Court had, in Phang Chin Hock v. Public Prosecutor [1979] 1 LNS 67, FC, succinctly stated that the constitution is not ‘carved in granite’ which is unchangeable. Rather, it is a ‘living document’ which is ‘reviewable from time to time’. The power to amend the Constitution is vested with the Parliament to amend any part of the Constitution in any way they think fit, provided that all the conditions precedent prescribed therein are followed. Further, all the three organs of the state, i.e., the legislature, executive, and the judiciary have taken the oath to preserve, protect and defend the constitution. Any amendment to the Constitution which failed to comply with the condition precedent prescribed therein may warrant the judges vide their constitutional oath of office to strike down the amendment. Having said the above, this chapter discusses the process and procedure for a constitutional amendment. Further, the consequences of an amendment to the constitution that alters or changes the basic structure of the constitution are also discussed in this chapter.