The Basic Structure Doctrine in Malaysia: Themes and Perspectives

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 ...