Basic structure doctrine malaysia (16 résultats)

Hardcover. Etat : new. Hardcover. 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 Malaysias 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 Malaysias jurisprudence and deployed it to defend the courts 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. Presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

Etat : New.

HRD. Etat : New. New Book. Shipped from UK. Established seller since 2000.

HRD. Etat : New. New Book. Shipped from UK. Established seller since 2000.

Etat : New.

Etat : New. In.

Etat : As New. Unread book in perfect condition.

Etat : As New. Unread book in perfect condition.

Hardback. Etat : New. 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 and 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.…

Hardcover. Etat : new. Hardcover. 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 Malaysias 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 Malaysias jurisprudence and deployed it to defend the courts 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. Presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

Hardcover. Etat : new. Hardcover. 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 Malaysias 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 Malaysias jurisprudence and deployed it to defend the courts 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. Presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability.…

Hardcover. Etat : Brand New. 368 pages. 9.22x6.14x1.00 inches. In Stock.

Hardback. Etat : New. 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 and 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.…

Hardback. Etat : New. This item is printed on demand. New copy - Usually dispatched within 5-9 working days.

Buch. Etat : Neu. The Basic Structure Doctrine in Malaysia | Themes and Perspectives | Kevin Yl Tan (u. a.) | Buch | Englisch | 2025 | Hart Publishing | EAN 9781509985524 | Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, 36244 Bad Hersfeld, gpsr[at]libri[dot]de | Anbieter: preigu Print on Demand.…

Buch. Etat : Neu. nach der Bestellung gedruckt Neuware - Printed after ordering - 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 KeralaAIR- 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 Kesavanandawith 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.…