Habeas Corpus in Malaysia

Description

Habeas Corpus in Malaysia is a compact, concisely written handbook that offers considerable insight and analysis into the important workings of the writ of habeas corpus, providing enough material for the reader to work confidently or to conduct further study, where necessary. The six chapters of this book cover the history of the writ and provide a succinct and nuanced discussion of the legal considerations faced by the courts of Malaysia in deciding if given detention is unlawful, including discussion on recent key cases like Zaidi Kanapiah v ASP Khairul Fairoz bin Rodzuan & Ors and Rovin Joty Kodeeswaran v Lembaga Pencegahan Jenayah & Ors, and the position of the remedy with regard to the Federal Constitution. In addition, the practical and procedural considerations for making and sustaining an application for habeas corpus are dealt with in detail. A wide range of cases has been surveyed to show the posturing taken by the courts in Malaysia when faced with applications seeking relief against detention.

The author also provides a comparative historical analysis of the position of the writ of habeas corpus outside Malaysia, from medieval to modern times, including the position of detention in Guantanamo Bay in the case of Boumediene v Bush.

This book is invaluable to legal practitioners as well as undergraduate and postgraduate students dealing with the powers of the court to issue prerogative writs.

KEY FEATURES

• Concise and detailed commentary on the prerogative writ of habeas corpus, with a wealth of practical guidance
• Fully up to date with relevant statutory and case law
• Summary of decided key cases spanning more than 70 years
• Forms and precedents
• Proposals for reform of the law on habeas corpus

Table of Contents

1. An Introduction to Habeas Corpus
2. Habeas Corpus and the Federal Constitution
3. Habeas Corpus and Executive Detentions
4. Grounds for Habeas Corpus
5. Habeas Corpus: Practice and Procedure
6. Habeas Corpus and Other Detentions
7. Appendix 1: Summary of Decided Cases
8. Appendix 2: Proposal for Reforms
9. Appendix 3: Forms and Precedents