The Law And Practice Of Judicial Review In Malaysia

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The Law And Practice Of Judicial Review In Malaysia by Gregory Das

Author Gregory Das
Publication Date 2020
ISBN 9789674571597
Publisher CLJ Publication

The Law and Practice of Judicial Review in Malaysia is the first practitioner's text in this jurisdiction to focus solely on the law, practise, and procedure of judicial review applications. The book takes a case-based approach and includes a full exposition of the subject's concepts in Malaysia, as well as references to leading and current Commonwealth judgements. The text provides a comprehensive discussion of judicial review principles, from theory and practise to substantive concerns such as grounds for challenge and remedies. As a result, the book is an essential resource for public law practitioners, as well as a worthwhile read for anybody interested in public administration law and the interactions between the state and individuals.

TABLE OF CONTENTS of The Law And Practice Of Judicial Review In Malaysia

Part A : The Nature and Scope of Judicial Review

Ch 1. The Constitutional and Rule of Law Dimensions of Judicial Review
Ch 2. Order 53 of the Rules of Court 2012 and the Courts of Judicature Act 1964
Ch 3. The Supervisory Jurisdiction of the Court In General 
Ch 4. Locus Standi of the Applicant
Ch 5. Decisions Amenable to Judicial Review
Ch 6. The Public And Private Law Divide
Ch 7. Ouster Clauses
Ch 8. Consideration of Contemporaneous and Subsequent Events
Ch 9. Academic, Inconsequential and Premature Challenges
Ch 10. Alternative Remedies and the Exhaustion Rule 
Ch 11. Enforcement of Fundamental Rights

Part B: The Leave Stage

Ch 1. Pleadings
Ch 2. Limitation
Ch 3. Role of the Attorney General's Chambers ("AGC")
Ch 4. The Putative Respondent
Ch 5. Extension of Time
Ch 6. Interim Remedies
Ch 7. The Test for Leave

Part C: The Substantive Motion

Ch 1. Service of Cause Papers
Ch 2. Grounds of Challenge: Classification Under the Case of Council of Civil Service Unions v. Minister for the Civil Service ("CCSU")
Ch 3. Grounds of Challenge : Illegality
Ch 4. Grounds of Challenge : Irrationality and Unreasonableness
Ch 5. Grounds of Challenge: Procedural Impropriety
Ch 6. Grounds of Challenge: Proportionality
Ch 7. Discovery
Ch 8. Amendments
Ch 9. Intervention of Parties
Ch 10. Costs

Part D: Relief and Remedies

Ch 1. The Statutory Basis and The Discretion of the Court
Ch 2. Declaratory Orders
Ch 3. Certiorari
Ch 4. Mandamus
Ch 5. Prohibition
Ch 6. Quo Warranto
Ch 7. Injunctory Relief
Ch 8. Damages


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