Habeas Corpus In Malaysia by Abd Shukor (E-Book)

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Habeas Corpus In Malaysia by Abd Shukor 

Author Abd Shukor Ahmad
Publication Date Nov 2021
ISBN 9789672919926
Publisher Sweet & Maxwell


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Habeas Corpus In Malaysia by Abd Shukor in Malaysia is a short, succinctly written manual that provides significant insight and analysis into the key workings of the writ of habeas corpus, offering enough information for the reader to work confidently or undertake extra research, as needed. The six chapters of this book cover the history of the writ and provide a succinct and nuanced discussion of the legal considerations faced by Malaysian courts in determining whether a given detention is unlawful, including discussion of recent key cases such as Zaidi Kanapiah v ASP Khairul Fairoz bin Rodzuan & Ors and Rovin Joty Kodeeswaran v Lembaga Pencegahan Jenayah & Ors In addition, the practical and procedural factors for filing and maintaining a habeas corpus application are discussed in depth. A broad variety of cases have been examined to demonstrate the stance adopted by Malaysian courts when presented with petitions for release from detention.

The author also presents a historical comparison of the status of the writ of habeas corpus outside of Malaysia, from mediaeval to current times, including the status of incarceration in Guantanamo Bay in the Boumediene v Bush case.

This book is essential reading for legal professionals as well as undergraduate and postgraduate students studying the court's prerogative writs powers.

KEY FEATURES of Habeas Corpus In Malaysia

  • With a wealth of practical advice, this concise and informative commentary on the prerogative writ of habeas corpus.
  • All applicable statute and case law is up to date.
  • A summary of major cases ruled over the course of more than 70 years.
  • Forms and precedents are important.
  • Reforms to the law of habeas corpus are proposed.

    TABLE OF CONTENTS of Habeus Corpus In Malaysia

    1. An Introduction to Habeas Corpus
    2. Habeas Corpus and the Federal Constitution
    3. Habeas Corpus and Executive Detentions
    4. Grounds for Habeas Corpus
    5. Habeas Corpus: Practice and Procedure
    6. Habeas Corpus and Other Detentions
    7. Appendix 1: Summary of Decided Cases
    8. Appendix 2: Proposal for Reforms
    9. Appendix 3: Forms and Precedents

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