Hamid, N. A., Ismail Nawang, N., Salleh, K., Harun, N. and Bidin, A.
Pertanika Journal of Tropical Agricultural Science, Volume 25, Issue S, October 2017
Keywords: Basic structure, constitutional amendment, India, Malaysian Constitution
Published on: 16 Apr 2018
The Federal Constitution of Malaysia (the Constitution) is a living and vibrant document that may have to be amended in order to keep up with contemporary social, economic and political needs of the country. This proposed amendment may destroy its basic structure. The paper seeks to evaluate the doctrine of basic structure which has originally been developed by courts in India. The study is based on doctrinal research and a comparative analysis on the development of the doctrine of basic structure in Indian jurisprudence. It was found that in Malaysia since the Executive controls two thirds or more of the seats in the Dewan Rakyat any part of the Constitution can be amended even if destroys the basic structure of the Constitution.
ISSN 1511-3701
e-ISSN 2231-8542