The Basic Structure Doctrine In Malaysia

DOWNLOAD

Download The Basic Structure Doctrine In Malaysia PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Basic Structure Doctrine In Malaysia book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page

The Basic Structure Doctrine In Malaysia

DOWNLOAD
Author : Kevin YL Tan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-07-10

The Basic Structure Doctrine In Malaysia written by Kevin YL Tan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-10 with Law categories.

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR – 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 when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia & Anor, and 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 quick 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. This 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; and royalists and republicans – on the ground.

Constitutions Religion And Politics In Asia

DOWNLOAD
Author : Dian A. H. Shah
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

Constitutions Religion And Politics In Asia written by Dian A. H. Shah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with History categories.

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Constitutional Monarchy Rule Of Law And Good Governance

DOWNLOAD
Author : Azlan Shah (Sultan of Perak)
language : en
Publisher:
Release Date : 2004

Constitutional Monarchy Rule Of Law And Good Governance written by Azlan Shah (Sultan of Perak) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.

The Oxford Handbook Of The Indian Constitution

DOWNLOAD
Author : Sujit Choudhry
language : en
Publisher: Oxford University Press
Release Date : 2016-05-03

The Oxford Handbook Of The Indian Constitution written by Sujit Choudhry and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-03 with Law categories.

The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.

The Oxford Handbook Of Comparative Constitutional Law

DOWNLOAD
Author : Michel Rosenfeld
language : en
Publisher: American Chemical Society
Release Date : 2012-05-17

The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by American Chemical Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.

A comprehensive reference resource on comparative constitutional law, this title examines the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.

Unconstitutional Constitutional Amendments

DOWNLOAD
Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017

Unconstitutional Constitutional Amendments written by Yaniv Roznai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Constitutional Statecraft In Asian Courts

DOWNLOAD
Author : Yvonne Tew
language : en
Publisher: Oxford University Press
Release Date : 2021-07-23

Constitutional Statecraft In Asian Courts written by Yvonne Tew and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-23 with Law categories.

Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.

Selected Contemporary Issues On Law Social And Politics

DOWNLOAD
Author : Baiq Wardhani, et al.
language : en
Publisher: Airlangga University Press
Release Date : 2023-04-26

Selected Contemporary Issues On Law Social And Politics written by Baiq Wardhani, et al. and has been published by Airlangga University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-26 with Law categories.

This book once again shows the results of the ongoing collaboration between UniZSA, Malaysia and UNAIR, Indonesia, especially those involving Faculty of Social and Political Sciences of UNAIR and Faculty of Law and International Relations of UniZSA, each of which is led by the Department of International Relations. Furthermore, this book is also a reminder that scientific work can be disseminated in various forms other than on the mainstream platform. In addition, this book is an alternative source of learning for lecturers, students, and the public. For the higher education, this book can be a medium to strengthen academic networks and a means of communication for its authors.

The Law And Politics Of Unconstitutional Constitutional Amendments In Asia

DOWNLOAD
Author : Rehan Abeyratne
language : en
Publisher: Routledge
Release Date : 2021-11-29

The Law And Politics Of Unconstitutional Constitutional Amendments In Asia written by Rehan Abeyratne and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Law categories.

This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.

Constitutionalism In Asia

DOWNLOAD
Author : Wen-Chen Chang
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-02-19

Constitutionalism In Asia written by Wen-Chen Chang and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-19 with Law categories.

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.