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

The Law and Practice of Judicial Review in Malaysia has broken new grounds as the first practitioner’s text exclusively on the law, practice and procedure of judicial review applications in this jurisdiction. The book adopts a case-based approach and features a comprehensive exposition of the principles on the subject in Malaysia with references to leading and recent decisions from across the Commonwealth. The text presents a complete discourse on the principles in judicial review from issues of theory and procedure to the substantive matters of the grounds of challenge and remedies. As such, the book serves as an indispensable resource for public law practitioners and also proposes to be an instructive read for those with an interest in the law on public administration and the interactions between the State and the individual.


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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