Basic structure doctrine: Difference between revisions

Revision as of 17:34, 20 December 2023

Revision as of 16:20, 26 December 2023

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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==