Description
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.
Table of Contents
Part A – The Nature And Scope of Judicial Review
Chapter 1: The Constitutional and Rule of Law Dimensions of Judicial Review
Chapter 2: Order 53 of the Rules of Court 2012 and the Courts of Judicature Act 1964
Chapter 3: The Supervisory Jurisdiction of the Court in General
Chapter 4: Locus Standi of the Applicant
Chapter 5: Decisions Amenable to Judicial Review
Chapter 6: The Public And Private Law Divide
Chapter 7: Ouster Clauses
Chapter 8: Consideration of Contemporaneous and Subsequent Events
Chapter 9: Academic, Inconsequential and Premature Challenges
Chapter 10: Alternative Remedies and the Exhaustion Rule
Chapter 11: Enforcement of Fundamental Rights
Part B – The Leave Stage
Chapter 1: Pleadings
Chapter 2: Limitation
Chapter 3: Role of the Attorney General’s Chambers [AGC]
Chapter 4: The Putative Respondent
Chapter 5: Extension of Time
Chapter 6: Interim Remedies
Chapter 7: The Test for Leave
Part C – The Substantive Motion
Chapter 1: Service of Cause Papers
Chapter 2: Grounds of Challenge [“CCSU’]
Chapter 3: Grounds of Challenge: Illegality
Chapter 4: Grounds of Challenge: Irrationality and Unreasonableness
Chapter 5: Grounds of Challenge: Procedural Impropriety
Chapter 6: Grounds of Challenge: Proportionality
Chapter 7: Discovery
Chapter 8: Amendments
Chapter 9: Intervention of Parties
Chapter 10: Costs
Part D – Relief And Remedies
Chapter 1: The Statutory Basis and The Discretion of the Court
Chapter 2: Declaratory Orders
Chapter 3: Certiorari
Chapter 4: Mandamus
Chapter 5: Prohibition
Chapter 6: Quo Warranto
Chapter 7: Injunctory Relief
Chapter 8: Damages
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