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The Doctrine of Unconstitutional Constitutional Amendments in Malaysia: In Search of our Constitutional Identity

Low Hong Ping

Journal of Malaysian and Comparative Law2018article
ABDC C
Weight
0.34

What the paper says

This short note explores the doctrine of unconstitutional constitutional amendments in Malaysia. The author argues that substantively, there are explicit and implicit limitations on the power of Parliament to amend the Federal Constitution (Constitution). The explicit limits are found in the provisions of the Constitution. The implicit limits are anchored by the basic structure doctrine. For the latter, the author will demonstrate that the structure of the amendment rules in the Constitution, the process by which the Constitution is amended, partially informs on what is the basic structure of the Constitution. Nonetheless, the Malaysian jurisprudence on the basic structure doctrine still lacks a ‘soul’ – the constitutional identity of Malaysia.

1 citation

Cite this paper

@article{low2018,
  title        = {{The Doctrine of Unconstitutional Constitutional Amendments in Malaysia: In Search of our Constitutional Identity}},
  author       = {Low Hong Ping},
  journal      = {Journal of Malaysian and Comparative Law},
  year         = {2018},
}

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The Doctrine of Unconstitutional Constitutional Amendments in Malaysia: In Search of our Constitutional Identity

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Evidence weight

0.34

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.00 × 0.4 = 0.00
M · momentum0.80 × 0.15 = 0.12
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.