MP Jain's Administrative Law of Malaysia | Hard Cover

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MP Jain's Administrative Law of Malaysia (Hard Cover)

Author Dato’ Seri Dato’ Seri Mohd Hishamudin Yunus, Dr Saw Tiong Guan, Himahlini Ramalingam and Lee Ting Han
Publication Date 2020
ISBN  9789674008734
Format Hardcover
Publisher  LexisNexis

 

This thorough study addresses both the legal and practical aspects of Malaysian Administrative Law. Controls over subsidiary legislation, Natural justice, Judicial control over use of discretionary powers, and Government liability provide an essential starting point for in-depth understanding of this area of the law.

The book has been updated in this version to reflect recent changes in Malaysian Administrative Law, such as those relating to the reviewability of administrative actions and judgments, separation of powers, and the use of constitutional provisions in judicial review cases.

TABLE OF CONTENTS of MP Jain's Administrative Law of Malaysia

CHAPTER I: NEED FOR ADMINISTRATIVE LAW AND THE REASONS FOR ITS GROWTH

CHAPTER II: NATURE AND SCOPE OF ADMINISTRATIVE LAW
Administrative law in the United States of America and the United Kingdom
The nature and scope of administrative law
Constitutional law and administrative law

CHAPTER III: RULE OF LAW
The rule of law and its values
The growth of administrative law in Britain, Australia and New Zealand

CHAPTER IV: SEPARATION OF POWERS
The development and influence of the doctrine of separation of powers in the United States of America
Droit administratif
Separation of powers and the Federal Constitution

CHAPTER V: SUBSIDIARY LEGISLATION
Factors leading to the growth of delegated legislation
Need for safeguards
Restraints on delegation of legislative power
Definition of subsidiary legislation
Forms of delegation of legislative power
Administrative quasi-legislation

CHAPTER VI: CONTROLS OVER SUBSIDIARY LEGISLATION (1)
Judicial control

CHAPTER VII: CONTROLS OVER SUBSIDIARY LEGISLATION (2)
Legislative control
Other controls

CHAPTER VIII: ADMINISTRATIVE ADJUDICATION
Introduction
Tribunals
Adjudicatory bodies in Malaysia
Adjudication within the administration in Malaysia
Inquiries
The Franks Committee

CHAPTER IX: NATURAL JUSTICE: WHEN CAN IT BE CLAIMED?
Natural justice
Exclusion of natural justice

CHAPTER X: PRINCIPLES OF NATURAL JUSTICE
Audi alteram partem

CHAPTER XI: RULE AGAINST BIAS
Pecuniary bias
Personal bias
Policy bias
Exclusion of bias
Waiver
Proposed reforms in the system of administrative adjudication

CHAPTER XII: FAILURE OF NATURAL JUSTICE
Introduction
Curing breach of natural justice

CHAPTER XIII: ADMINISTRATIVE POWERS
Nature of administrative powers
Statutory powers
Non-statutory powers

CHAPTER XIV: DISCRETIONARY POWERS (1)
Nature of discretionary powers
Conferment of excessive discretion
Judicial control over exercise of discretionary powers
Abuse of discretion
Non-exercise of discretion

CHAPTER XV: DISCRETIONARY POWERS (2)
Administrative delay
Yang di-Pertuan Agong
Non-statutory powers
Unreviewable discretions/non-justiciability
Estoppel against

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