The Doctrine Of Basic Structure In Malaysia: Between The Protection Of Fundamental Liberties, National Identity, And Islam

Part II of the Federal Constitution represents Malaysia's political and civil rights constitutional safeguards. These safeguards, however, has been amended through time since its inception in 1957. The amendments that have been done to Article 5 to13 and other related provisions such as Article 149, 150 and 159 have brought a mixture of reactions among the masses, where some viewed that such amendments have to be done as the country is growing. In contrast, others regarded it as a threat against preserving the national and constitutional identity. In addition to that, these constitutional amendments often resulted in these safeguards to their detriment. Concerning this, preservation of security, public order, and national identity has frequently been used to justify its alteration. Hence, the doctrine of basic structure has been raised to protect constitutional integrity; even its reception is generally divided and equally contested. The main objective of this paper is to examine the concept of basic structure and its relationship to the protection of fundamental liberties in Malaysia. Furthermore, this paper also explores the dilemma surrounding the country in finding its constitutional identity, which often centres on the conflict between Islam, local demographics, common law heritage, and cultural values. This paper adopts qualitative methodology, where a doctrinal approach is adopted.