{"product_id":"the-basic-structure-doctrine-in-malaysia-9781509985524","title":"The Basic Structure Doctrine in Malaysia","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eThe Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme Court decision of \u003cem\u003eKesavananda Bharati v State of Kerala\u003c\/em\u003e – which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament, even if it met all procedural requirements – was initially rejected in Malaysia during the 1975 case of \u003cem\u003eLoh Kooi Choon v Government of Malaysia\u003c\/em\u003e and lay dormant for the next three decades.\u003c\/p\u003e\n\n\u003cp\u003eJudicial winds shifted in 2010 when Malaysia’s apex court, the Federal Court, cited \u003cem\u003eKesavananda\u003c\/em\u003e with approval in the case of \u003cem\u003eSivarasa Rasiah v Badan Peguam Malaysia \u0026amp; Anor\u003c\/em\u003e. The court observed that it was ‘clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric’ and that ‘any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.’ In a succession of cases, the Federal Court cemented this doctrine in Malaysia’s jurisprudence and deployed it to defend the court’s judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society.\u003c\/p\u003e\n\n\u003cp\u003eThis collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors – most notably Islamists and secularists, as well as royalists and republicans – on the ground.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47464302280940,"sku":"9781509985524","price":209.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509985524-the-basic-structure-doctrine-in-malaysia.jpg?v=1775045514","url":"https:\/\/bookhero.co.nz\/products\/the-basic-structure-doctrine-in-malaysia-9781509985524","provider":"Book Hero","version":"1.0","type":"link"}