Basic structure doctrine: Difference between revisions

The basic structure doctrine was invoked by the [[Supreme Court of Judicature of Belize]] in ''[[Bowen v Attorney General]] BZ 2009 SC 2'' in rejecting the [[Belize Constitution (Sixth Amendment) Bill 2008]], which had sought to exclude certain deprivation of property rights from judicial review. The court recognised the fundamental rights granted by the constitution, respect for the rule of law and the right to the ownership of private property as basic features of the Belizean constitution, as well as the separation of powers, which [[Chief Justice of Belize|Chief Justice]] [[Abdulai Conteh]] noted had been recognised by the [[Judicial Committee of the Privy Council]] in ''Hinds v The Queen [1977] AC 195'' (which was not a constitutional amendment case<ref name="BCBvAGBelize2011">{{cite web|title=British Caribbean Bank Ltd v AG Belize Claim No. 597 of 2011|publisher=[[Supreme Court of Judicature of Belize]]|url=https://www.italaw.com/sites/default/files/case-documents/italaw7738.pdf|access-date=2020-11-22|url-status=live|archive-date=2020-11-22|archive-url=https://web.archive.org/web/20201122015535/https://www.italaw.com/sites/default/files/case-documents/italaw7738.pdf}}</ref>{{rp|41}}) as implicit in Westminster model constitutions in the Caribbean Commonwealth realm.<ref name="OBrien2013">{{cite web|last=O'Brien|first=Derek|title=Derek O'Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean|url=https://ukconstitutionallaw.org/2013/05/28/derek-obrien-the-basic-structure-doctrine-and-the-courts-of-the-commonwealth-caribbean/|publisher=UK Constitutional Law Association|work=UK Constitutional Law Blog|access-date=2020-11-22|archive-date=2020-10-21|archive-url=https://web.archive.org/web/20201021101350/https://ukconstitutionallaw.org/2013/05/28/derek-obrien-the-basic-structure-doctrine-and-the-courts-of-the-commonwealth-caribbean/|url-status=live}}</ref>

===Malaysia===