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The Basic Structure Doctrine in Malaysia : Themes and Perspectives.
- Format:
- Book
- Series:
- Constitutionalism in Asia (Hart Publishing (Oxford, England))
- Constitutionalism in Asia
- Language:
- English
- Subjects (All):
- Constitutional amendments--Malaysia.
- Constitutional amendments.
- Constitutional law--Malaysia.
- Constitutional law.
- Constitutional history--Malaysia.
- Constitutional history.
- Physical Description:
- 1 online resource (313 pages)
- Edition:
- 1st edition.
- Place of Publication:
- London : Hart Publishing, 2025.
- Summary:
- Presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia.
- Contents:
- Intro
- Contents
- Contributors
- Constitutional Amendments and the Basic Structure Doctrine in Malaysia: An Overview
- Sovereignty and its Limits
- Constituent Power and the Amendment Power
- The Basic Structure Doctrine in Malaysia
- Organisation of this Volume
- PART I: THEORETICAL OVERVIEW
- 1. Executive Supremacy and Judicial Power: Legality as a Constraint on Constitutional Change
- Introduction
- The Executive Supremacy Project
- Linear Legalism
- Circular Legalism
- Conclusion
- 2. Government Structures, Parliamentary Constitutionalism and the Basic Structure Doctrine
- Problematising the Basic Structure Doctrine: Government Structures
- Case Law and Government Structures
- Beyond Judicial Applications of the BSD
- The BSD and Federal Systems
- 3. Charting Changes to the Constitution: Amendments and the Basic Structure
- Making the Constitution: The Social and Political Bargains
- Embedding the Fundamentals
- Some Preliminary Thoughts on the Constitution's Basic Structure
- Constitutional Amendment: The Process
- Substantial Post-Merdeka Changes
- Some Thoughts on the Post-Merdeka Constitutional Changes
- PART II: MALAYSIA: GENERAL PERSPECTIVES
- 4. Constitutional Amendments in Malaysia: Some Emerging Issues
- The Federal Constitution: Malaysia's Legal Foundation
- Need for Balance between Stability and Change
- Achieving a Balance
- Procedural Fetters
- Substantive Limitations
- Other Modes of Constitutional Growth
- Other Constitutional Issues Relating to Amendments
- 5. The Basic Structure Doctrine in Malaysia: Less than Meets the Eye
- The Basic Structure Doctrine: Not Necessarily the Most Important Issue
- The Battle Lines Drawn
- 'Basic Structure' as Buzzword
- 'Basic Structure' as Distraction.
- 'Basic Structure' as Locus of Conceptual Conflation
- 'Basic Structure' as Fault Line in Constitutional Theory
- The Persistence of the Problems
- The Cycle Repeats Itself
- Breaking the Cycle?
- 6. Judicial Power and the 'Basic Structure Doctrine' in Malaysia
- Judicial Power in Malaysia
- The Basic Structure Doctrine and its Application in Malaysia
- Judicial Power and the Basic Structure Doctrine
- Looking Forward - The Future of Judicial Power in Malaysia
- 7. Basic Structure Doctrine (BSD): A Political View from Sabah and Sarawak
- Formation of the Federation
- Political Elements for BSD
- 8. Two Forks in the Road: Defending Constitutional Supremacy in the Face of Constitutional Amendments
- Two Key Divergences
- 9. Examining the Sovereignty of the Malay Rulers under the Basic Structure Doctrine
- Legal Theory and Cognitive Dissonance
- History, Scope and Case Law on the Constitutional Monarchy
- The Mainstream Narrative
- Feudalism
- Silencing
- 10. Political Parties in Parliamentary Democracy: From Lacuna in the Malaysian Constitution's Basic Structure to Anti-Hopping Law
- The BSD Debate and the Political Party Constitutional Lacuna
- Parties in Parliamentary Democracy
- Government Formation and Termination in Malaysia pre-2022
- Party-hopping and Party-based Government in Malaysia
- The Anti-Hopping Law
- Party-based Mandate
- PART III: COMPARATIVE PERSPECTIVES
- 11. Basic Structure Beyond the Written Constitution
- Legitimacy: From Formalism to Functionalism
- Abuse of Constituent Authority - Applying Functionalism in Israel
- Miller II - A Functionalist Case Study
- Finding Throughlines.
- 12. Basic Structure as a Means for Judicial Self-Dealing or Self-Preservation? Placing Malaysia in the Broader Asian Context
- Three Judicial Approaches to Unconstitutional Constitutional Amendments
- BSD in Defence of the Judiciary
- Situating Malaysia within the Asian UCA Landscape
- 13. Protection of the Judicial Power under the Basic Structure Doctrine: Lessons from Australia
- The Judicial Power in Malaysia
- Defining 'Judicial Power'
- Index.
- ISBN:
- 1-5099-8549-2
- 1-5099-8550-6
- OCLC:
- 1520506746
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