Administrative Law In Malaysia, Second Edition by Wan Azlan Ahmad

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Administrative Law In Malaysia, Second Edition  by Wan Azlan Ahmad, Nik Ahmad Kamal Nik Mahmod, Mohsin Hingun

Author Wan Azlan Ahmad, Nik Ahmad Kamal Nik Mahmod, Mohsin Hingun
Publication Date Oct 2021
ISBN 9789672919780
Format Hardcover + Ebook
Publisher Sweet & Maxwell

 

 

Key developments covered in this new edition

  • Maria Chin Abdullah v Ketua Pengarah Imigresen (grounds of judicial review)
  • Rovin Joty a/l Kodeeswaran 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)
  • (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. Administrative Law In Malaysia is a necessary component to a modern and responsible governmental system.

The applicable principles of Malaysian administrative law are set out in clear and succinct language in Administrative Law in Malaysia. This book is the result of a thorough examination of Malaysian and international court rulings, primarily from the United Kingdom and Australia.

The book is dense with facts from the key cases, as well as judicial dicta clarifying and applying the law to those instances, to facilitate comprehension. The substantive grounds for judicial review are examined, and readers are educated about how local law may differ from that of main Commonwealth jurisdictions where applicable.

The writers have included a significant amount of new material to this revised new version to bring the book up to date as well as to expand the depth of analysis and discussion.

The possible remedies to a successful claimant are critically examined, and the legal situation is summarised for easy comprehension and use by busy legal practitioners. The book tries to outline the way forward in cases where the local position is uncertain or has not been directly considered by the courts. The book also discusses the government's tort culpability and the availability of injunctions against the government.

Lawyers, judicial officers, public officials, in-house counsel, and non-governmental organisations should not miss the second edition of Administrative Law in Malaysia.

TABLE OF CONTENTS

  1. The Province of Administrative Law
  2. Elements of Judicial Review
  3. Jurisdictional Challenge
  4. Abuse of Discretion
  5. Procedural Ultra Vires at Common Law
  6. Statutory Procedure
  7. Delegated Legislation
  8. Procedure and Remedies
  9. Government Proceedings
  10. Liability of Public Authorities in Tort and Restitution

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