“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.

Administrative Law by Ram Jethmalani and D.S. Chopra deals with the Administrative law, which is the body of law that governs the activities of administrative agencies of government. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. This book covers the entire the entire area of administrative law. It follows the story telling method of the eminent Prof. Langard of Harvard Law School. We are sure it will be useful for all concerned.