“This publication presents a comprehensive and valuable perspective on the legal landscape concerning judicial review principles in Malaysia. It delves into important procedural and legal aspects associated with judicial review proceedings, …”

From the Foreword by
Tun Tengku Maimun binti Tuan Mat
Chief Justice of Malaysia

 

This book provides detailed analysis and guidance on the application of the principles of judicial review in various fields. The first part of the book focusses on the general law and principles of judicial review, while the second part delves into the use of judicial review to examine the legality of executive and administrative decisions in 26 specific areas, ranging from citizenship to construction disputes, elections, income tax, indirect taxes, preventive detention to trade unions.

Through a careful study and discussion of important decisions decided in each sector, the book distils clear principles to guide the confident conduct of judicial review to challenge public decisions made in each area.

Written by a team of over 50 expert contributors under the stewardship of eminent General Editors, this book fills a glaring gap in local legal literature and should become the first point of reference for court lawyers, judges, government officials, business owners, in-house counsel and public decision-makers.

Key Features:

• Clear discussion of the law and procedure of judicial review.
• Illuminating topical analysis on the application of judicial review.
• Focus on the subject-specific nuances of judicial review captured in one volume.
• Comprehensive compilation of Malaysian judicial review cases.
• Analysis on most recent Malaysian cases in judicial review.
• Relevant judicial dicta of foreign courts included for added depth.
• Insights provided by a team of experienced practitioners.

Key developments covered in this new edition

• Maria Chin Abdullah v Ketua Pengarah Imigresen (grounds of judicial review)
• Rovin Joty a/l Kodeeswaran v Lembaga Pencegahan Jenayah & Ors (exclusion of judicial review)
• Poole Borough Council v GN (negligent performance of statutory functions)
• Tony Pua Kiam Wee v Government of Malaysia (misfeasance in public office)
• R (on the application of Privacy International) v Investigatory Powers Tribunal (jurisdictional error)
• Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri (judicial review of Attorney-General’s decisions)
• Bar Council Malaysia v Tun Dato’ Seri Arifin bin Zakaria & Ors (test of bias in the context of procedural fairness)
• Malaysian Trade Union Congress & Ors v Menteri Tenaga, Air dan Komunikasi (locus standi for the purposes of judicial review applications)

Power of a public nature must neither be abused nor exceeded. Administrative law is the branch of public law which is principally concerned with ensuring that the government, government departments, tribunals and all authorities exercising public law functions act within the perimeters of their power. It is a necessary component to a modern and responsible governmental system.

Administrative Law in Malaysia sets out in clear and succinct language the applicable principles of Malaysian administrative law. This book contains the fruits of a detailed study of Malaysian and foreign, principally English and Australian, court decisions. To aid understanding, the text is rich in the facts of the leading cases and the judicial dicta explaining and applying the law to those cases. The substantive grounds of judicial review are explored and, where appropriate, readers are informed how the local law may differ from the position in major Commonwealth jurisdictions. In this revised new edition, the authors have added a considerable amount of new materials to bring the text up-to-date as well as to increase the depth of analysis and discussion.

The remedies available to the successful litigant are critically considered and the legal position is summarised for easy comprehension and application by busy legal practitioners. Where the local position is unclear or has not been directly considered by the courts, the book attempts to point the way forward. The liability of the government in tort and the availability of injunctions against the government are also covered in the book.

Administrative Law in Malaysia second edition is a book which should not be missed by lawyers, judicial officers, public authorities, in-house counsel and non-governmental organisations.

De Smith’s Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales. Key features: Covers the history, theoretical foundations and principles of judicial review. Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and grounds based on retained EU law. Clarifies complex changes in substantive review, as a result of recent Supreme Court cases including the use of Parliamentary materials in assessing proportionality (SC), challenges based on policies (A), significant cases on devolution concerning referenda and the Ireland/Northern Ireland Protocol; and the impact of the Windsor Framework on Northern Ireland. Sets out the context of judicial review and its scope, considering at the outset a number of issues which guide De Smith’s approach. Considers other possible avenues of redress for aggrieved citizens. Examines those who may initiate a claim for judicial review (claimants); who have a right to be a party (interested parties) and those who may seek permission from the court to make submissions as interveners. Includes full coverage of procedures and remedies, including new suspended quashing orders and the increased emphasis on procedural rigour before the Administrative Court. Considers reform proposals including the Bill of Rights Bill. Includes comparative material form other leading common law jurisdictions. The First Supplement brings the 9th edition mainwork up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas: Retained EU Law (Revocation and Reform) Act 2023 Recent cases on devolution (such as the Supreme Court decision on the Northern Ireland Abortion Services (Safe Access Zones) Re Dillon’s Application for Judicial Review [2024] NIKB 11 on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023) The Rwanda case Recent authorities on ouster clauses, and the power to make suspended quashing order (subject to conditions) The review of policies

Public Law presents an accessible and current picture of Constitutional and Administrative law and is ideal for those approaching the subject for the first time. The text succinctly covers all the major fundamental constitutional reforms while also outlining the historical context of the subject, allowing you to see the inner workings of Public Law. Public Law is an essential textbook for those studying law at degree or graduate diploma level. Its clarity and comprehensive coverage also make it an indispensable resource for those on modular or PGDL courses.

Key developments covered in this new edition

• Maria Chin Abdullah v Ketua Pengarah Imigresen (grounds of judicial review)
• Rovin Joty a/l Kodeeswaran v Lembaga Pencegahan Jenayah & Ors (exclusion of judicial review)
• Poole Borough Council v GN (negligent performance of statutory functions)
• Tony Pua Kiam Wee v Government of Malaysia (misfeasance in public office)
• R (on the application of Privacy International) v Investigatory Powers Tribunal (jurisdictional error)
• Sundra Rajoo a/l Nadarajah v Menteri Luar Negeri (judicial review of Attorney-General’s decisions)
• Bar Council Malaysia v Tun Dato’ Seri Arifin bin Zakaria & Ors (test of bias in the context of procedural fairness)
• Malaysian Trade Union Congress & Ors v Menteri Tenaga, Air dan Komunikasi (locus standi for the purposes of judicial review applications)

Power of a public nature must neither be abused nor exceeded. Administrative law is the branch of public law which is principally concerned with ensuring that the government, government departments, tribunals and all authorities exercising public law functions act within the perimeters of their power. It is a necessary component to a modern and responsible governmental system.

Administrative Law in Malaysia sets out in clear and succinct language the applicable principles of Malaysian administrative law. This book contains the fruits of a detailed study of Malaysian and foreign, principally English and Australian, court decisions. To aid understanding, the text is rich in the facts of the leading cases and the judicial dicta explaining and applying the law to those cases. The substantive grounds of judicial review are explored and, where appropriate, readers are informed how the local law may differ from the position in major Commonwealth jurisdictions. In this revised new edition, the authors have added a considerable amount of new materials to bring the text up-to-date as well as to increase the depth of analysis and discussion.

The remedies available to the successful litigant are critically considered and the legal position is summarised for easy comprehension and application by busy legal practitioners. Where the local position is unclear or has not been directly considered by the courts, the book attempts to point the way forward. The liability of the government in tort and the availability of injunctions against the government are also covered in the book.

Administrative Law in Malaysia second edition is a book which should not be missed by lawyers, judicial officers, public authorities, in-house counsel and non-governmental organisations.

“This publication presents a comprehensive and valuable perspective on the legal landscape concerning judicial review principles in Malaysia. It delves into important procedural and legal aspects associated with judicial review proceedings, …”

From the Foreword by
Tun Tengku Maimun binti Tuan Mat
Chief Justice of Malaysia

 

This book provides detailed analysis and guidance on the application of the principles of judicial review in various fields. The first part of the book focusses on the general law and principles of judicial review, while the second part delves into the use of judicial review to examine the legality of executive and administrative decisions in 26 specific areas, ranging from citizenship to construction disputes, elections, income tax, indirect taxes, preventive detention to trade unions.

Through a careful study and discussion of important decisions decided in each sector, the book distils clear principles to guide the confident conduct of judicial review to challenge public decisions made in each area.

Written by a team of over 50 expert contributors under the stewardship of eminent General Editors, this book fills a glaring gap in local legal literature and should become the first point of reference for court lawyers, judges, government officials, business owners, in-house counsel and public decision-makers.

Key Features:

• Clear discussion of the law and procedure of judicial review.
• Illuminating topical analysis on the application of judicial review.
• Focus on the subject-specific nuances of judicial review captured in one volume.
• Comprehensive compilation of Malaysian judicial review cases.
• Analysis on most recent Malaysian cases in judicial review.
• Relevant judicial dicta of foreign courts included for added depth.
• Insights provided by a team of experienced practitioners.