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Constitutional amendments

The Federal Constitution had, since its adoption in 1957 undergone amendments more than 57 times and the most recent is the reducing the voting age from 21 to 18 and to restore Sabah and Sarawak as equal partners to Malaya in Malaysia vide the Constitution (Amendment) Act 2019 (Act A1603) and the Co...

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Main Authors: Ali Mohamed, Ashgar Ali, Yaakob, Adnan, Maajid, Ahmad, Ahmad, Muhamad Hassan
Format: Book Chapter
Language:English
Published: LexisNexis Malaysia Sdn Bhd 2022
Subjects:
K3165 Constitutional Law
Online Access:http://irep.iium.edu.my/103979/1/103979_Constitutional%20amendments.pdf
http://irep.iium.edu.my/103979/
https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
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spelling my.iium.irep.1039792023-03-13T08:24:02Z http://irep.iium.edu.my/103979/ Constitutional amendments Ali Mohamed, Ashgar Ali Yaakob, Adnan Maajid, Ahmad Ahmad, Muhamad Hassan K3165 Constitutional Law The Federal Constitution had, since its adoption in 1957 undergone amendments more than 57 times and the most recent is the reducing the voting age from 21 to 18 and to restore Sabah and Sarawak as equal partners to Malaya in Malaysia vide the Constitution (Amendment) Act 2019 (Act A1603) and the Constitution (Amendment) Bill 2021, respectively. The Federal Court had, in Phang Chin Hock v. Public Prosecutor [1979] 1 LNS 67, FC, succinctly stated that the constitution is not ‘carved in granite’ which is unchangeable. Rather, it is a ‘living document’ which is ‘reviewable from time to time’. The power to amend the Constitution is vested with the Parliament to amend any part of the Constitution in any way they think fit, provided that all the conditions precedent prescribed therein are followed. Further, all the three organs of the state, i.e., the legislature, executive, and the judiciary have taken the oath to preserve, protect and defend the constitution. Any amendment to the Constitution which failed to comply with the condition precedent prescribed therein may warrant the judges vide their constitutional oath of office to strike down the amendment. Having said the above, this chapter discusses the process and procedure for a constitutional amendment. Further, the consequences of an amendment to the constitution that alters or changes the basic structure of the constitution are also discussed in this chapter. LexisNexis Malaysia Sdn Bhd 2022-10-31 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/103979/1/103979_Constitutional%20amendments.pdf Ali Mohamed, Ashgar Ali and Yaakob, Adnan and Maajid, Ahmad and Ahmad, Muhamad Hassan (2022) Constitutional amendments. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia, pp. 735-770. ISBN 978-967-270-163-7 https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K3165 Constitutional Law
spellingShingle K3165 Constitutional Law
Ali Mohamed, Ashgar Ali
Yaakob, Adnan
Maajid, Ahmad
Ahmad, Muhamad Hassan
Constitutional amendments
description The Federal Constitution had, since its adoption in 1957 undergone amendments more than 57 times and the most recent is the reducing the voting age from 21 to 18 and to restore Sabah and Sarawak as equal partners to Malaya in Malaysia vide the Constitution (Amendment) Act 2019 (Act A1603) and the Constitution (Amendment) Bill 2021, respectively. The Federal Court had, in Phang Chin Hock v. Public Prosecutor [1979] 1 LNS 67, FC, succinctly stated that the constitution is not ‘carved in granite’ which is unchangeable. Rather, it is a ‘living document’ which is ‘reviewable from time to time’. The power to amend the Constitution is vested with the Parliament to amend any part of the Constitution in any way they think fit, provided that all the conditions precedent prescribed therein are followed. Further, all the three organs of the state, i.e., the legislature, executive, and the judiciary have taken the oath to preserve, protect and defend the constitution. Any amendment to the Constitution which failed to comply with the condition precedent prescribed therein may warrant the judges vide their constitutional oath of office to strike down the amendment. Having said the above, this chapter discusses the process and procedure for a constitutional amendment. Further, the consequences of an amendment to the constitution that alters or changes the basic structure of the constitution are also discussed in this chapter.
format Book Chapter
author Ali Mohamed, Ashgar Ali
Yaakob, Adnan
Maajid, Ahmad
Ahmad, Muhamad Hassan
author_facet Ali Mohamed, Ashgar Ali
Yaakob, Adnan
Maajid, Ahmad
Ahmad, Muhamad Hassan
author_sort Ali Mohamed, Ashgar Ali
title Constitutional amendments
title_short Constitutional amendments
title_full Constitutional amendments
title_fullStr Constitutional amendments
title_full_unstemmed Constitutional amendments
title_sort constitutional amendments
publisher LexisNexis Malaysia Sdn Bhd
publishDate 2022
url http://irep.iium.edu.my/103979/1/103979_Constitutional%20amendments.pdf
http://irep.iium.edu.my/103979/
https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
_version_ 1761616139117395968
score 13.211869

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