Publication Type
Book Chapter
Version
publishedVersion
Publication Date
7-2025
Abstract
At first glance, studying the basic structure doctrine in Malaysia can be frustrating due to its inconsistent judicial treatment. While early cases such as Loh Kooi Choon and Phang Chin Hock rejected the doctrine, it was later accepted in landmark decisions like Sivarasa Rasiah, Semenyih Jaya, and Indira Gandhi. In 2020, scholars such as Jaclyn Neo and Yvonne Tew suggested a judicial embrace of the doctrine and its global trend toward constitutional unamendability. However, the Federal Court’s 2021 decision in Maria Chin Abdullah appeared to reject it once more, illustrating the doctrine’s precarious status. The resurgence seen in Dhinesh a/l Tanaphll raises further uncertainty about its future, reflecting a judiciary that vacillates between reinforcing and undermining constitutional fundamentals.
Discipline
Asian Studies | Constitutional Law
Research Areas
Asian and Comparative Legal Systems; Public Law
Areas of Excellence
Growth in Asia
Publication
The basic structure doctrine in Malaysia: Themes and perspectives
Editor
Kevin YL Tan, HP Lee
First Page
119
Last Page
142
Publisher
Hart Publishing
Embargo Period
1-30-2026
Citation
ONG, Benjamin Joshua.
The basic structure in Malaysia: Less than meets the eye. (2025). The basic structure doctrine in Malaysia: Themes and perspectives. 119-142.
Available at: https://ink.library.smu.edu.sg/sol_research/4657
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