Loh Kooi Choon V. Government of Malaysia - Case

Case

Before the Federal Court, Loh's counsel argued against the amendment and its retrospective effect on the grounds that it was not permissible for the Constitution to be amended in such a way that its "basic structure" was destroyed. Loh referred to Article 4(1), which specifies that the Constitution is "the supreme law of the Federation", and Indian authorities, to argue that the amendment had contravened the spirit and basic structure of the Constitution by invalidating the right of habeas corpus.

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