Basic structure doctrine: Difference between revisions

Revision as of 16:20, 26 December 2023

Revision as of 03:00, 27 December 2023

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The Supreme Court affirmed the doctrine in ''[[British Caribbean Bank Ltd v AG Belize]] Claim No. 597 of 2011''<ref name="BCBvAGBelize2011"/> <ref name="">{{cite web|title=British Caribbean Bank Limited v. The Government of Belize PCA 2010-18|url=https://jusmundi.com/en/document/decision/en-british-caribbean-bank-ltd-v-the-government-of-belize-award-friday-19th-december-2014|publisher=[[Permanent Court of Arbitration]]|date=2014-12-19|access-date=2020-11-22|archive-date=2020-11-22|archive-url=https://web.archive.org/web/20201122030218/https://jusmundi.com/en/document/decision/en-british-caribbean-bank-ltd-v-the-government-of-belize-award-friday-19th-december-2014|url-status=live}}</ref> and struck down parts of the [[Belize Telecommunications (Amendment) Act 2011]] and [[Belize Constitution (Eighth) Amendment Act 2011]]. The amendments had sought to preclude the court from deciding on whether deprivation of property by the government was for a public purpose, and to remove any limits on the [[National Assembly (Belize)|National Assembly]]'s power to alter the constitution. This was found to impinge on the separation of powers, which had earlier been identified as part of the basic structure of the Belizean constitution.<ref name="OBrien2013"/>

On appeal, the Court of Appeal reversed the decision of the Supreme Court., ruling that "the so-called basic structure doctrine is not a part of the law of Belize and does not apply to the Belize Constitution".<ref name=":1" />

===Malaysia===