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Notes that Belize does not recognise the basic structure doctrine. |
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The Supreme Court's position on constitutional amendments laid out in its judgements is that Parliament can amend the Constitution but cannot destroy its "basic structure".
The basic structure doctrine was rejected by the [[High Court of Singapore]]. It was initially also rejected by the [[Federal Court of Malaysia]], but was later accepted by it. Conversely, the doctrine was initially approved in [[Belize]] by the [[Supreme Court of Belize|Supreme Court]] but was later reversed on appeal by the Belize Court of Appeal.<ref name=":1">{{Cite web |date=15 May 2014 |title=Civil Appeal No. 18 19 21 of 2012 THE ATTORNEY GENERAL v THE BRITISH CARIBBEAN BANK LIMITED v DEAN BOYCE and FORTIS ENERGY INTERNATIONAL (BELIZE) INC v THE ATTORNEY GENERAL |url=https://www.belizejudiciary.org/wp-content/uploads/2014/01/Civil-Appeal-No.-18-19-21-of-2012-THE-ATTORNEY-GENERAL-v-THE-BRITISH-CARIBBEAN-BANK-LIMITED-v-DEAN-BOYCE-and-FORTIS-ENERGY-INTERNATIONAL-BELIZE-INC-v-THE-ATTORNEY-GENERAL.pdf |url-status=live |access-date=20 December 2023 |website=Judiciary of Belize |at=Section [3](iii)}}</ref>
==Definition==
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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===
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