Administrative Law In Malaysia, 2nd Edition, Student Edition

• Wan Azlan Ahmad 
• Nik Ahmad Kamal Nik Mahmod  
• Mohsin Hingun

Key developments covered in this new edition

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

Administrative Law in Malaysia sets out in clear and succinct language the applicable principles of Malaysian administrative law. This book contains the fruits of a detailed study of Malaysian and foreign, principally English and Australian, court decisions. To aid understanding, the text is rich in the facts of the leading cases and the judicial dicta explaining and applying the law to those cases. The substantive grounds of judicial review are explored and, where appropriate, readers are informed how the local law may differ from the position in major Commonwealth jurisdictions. In this revised new edition, the authors have added a considerable amount of new materials to bring the text up-to-date as well as to increase the depth of analysis and discussion.

The remedies available to the successful litigant are critically considered and the legal position is summarised for easy comprehension and application by busy legal practitioners. Where the local position is unclear or has not been directly considered by the courts, the book attempts to point the way forward. The liability of the government in tort and the availability of injunctions against the government are also covered in the book.

Administrative Law in Malaysia second edition is a book which should not be missed by lawyers, judicial officers, public authorities, in-house counsel and non-governmental organisations.

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