Judicial Review in Malaysia: Case Commentaries on Key Topics

Description

This book provides detailed analysis and guidance on the application of the principles of judicial review in various fields. The first part of the book focusses on the general law and principles of judicial review, while the second part delves into the use of judicial review to examine the legality of executive and administrative decisions in 26 specific areas, ranging from citizenship to construction disputes, elections, income tax, indirect taxes, preventive detention to trade unions.

Through a careful study and discussion of important decisions decided in each sector, the book distils clear principles to guide the confident conduct of judicial review to challenge public decisions made in each area.

Written by a team of over 50 expert contributors under the stewardship of eminent General Editors, this book fills a glaring gap in local legal literature and should become the first point of reference for court lawyers, judges, government officials, business owners, in-house counsel and public decision-makers.

Key Features:

• Clear discussion of the law and procedure of judicial review.
• Illuminating topical analysis on the application of judicial review.
• Focus on the subject-specific nuances of judicial review captured in one volume.
• Comprehensive compilation of Malaysian judicial review cases.
• Analysis on most recent Malaysian cases in judicial review.
• Relevant judicial dicta of foreign courts included for added depth.
• Insights provided by a team of experienced practitioners.

Table of Contents:

1. Evolution of Judicial Review in Malaysia: The New Horizon
2. Locus Standi in Judicial Review Proceedings
3. Leave Test in Judicial Review Applications
4. Decision in Judicial Review Proceedings
5. Judicial Review: Other Procedural Matters
6. Limitations of Judicial Review
7. Impact of Alternative Remedy to Judicial Review Proceedings
8. Stay Order in Judicial Review Proceedings
9. Attorney-General: Powers and Functions
10. Citizenship
11. Commercial Disputes
12. Constitutional and Administrative Law
13. Construction Disputes
14. Consumer Claims
15. Contracts with Public Bodies
16. Corruption
17. Elections, Delimitation and the Right to Vote
18. Environmental Disputes
19. Housing Development Control and Licensing
20. Income Tax
21. Indirect Taxes
22. Intellectual Property
23. Land Acquisition
24. Land Law
25. Local Government and Planning Matters
26. Preventive Detention
27. Professional Bodies
28. Public Policy
29. Religion and Religious Authorities
30. Securities Law
31. Statutory Bodies
32. Strata Management Tribunals
33. Trade Unions
34. Transfer Pricing
35. Utilities
 

About the Authors: 
YA Datuk Noorin Badaruddin is a High Court Judge, who presently sits at the Kuala Lumpur High Court (Criminal Court No 5). Previously, Datuk Noorin was the presiding judge at the Kuala Lumpur High Court (Special Powers Division 2), where amongst others, she delivered a number of landmark decisions on judicial review applications pertaining to public interest matters, employment law and tax law. She commenced her career at the Attorney General’s Chambers as a Deputy Public Prosecutor.

S Saravana Kumar is a tax lawyer who heads the Tax, SST & Customs practice at Rosli Dahlan Saravana Partnership (RDS). He chairs the Taxation & Customs Committee of LAWASIA and serves as a Trustee of the Malaysian Tax Research Foundation. Saravana was formerly an Adjunct Professor at Universiti Tenaga Nasional (UNITEN) for nearly 10 years where he taught tax law at the accounting faculty. A member of the Kuala Lumpur Bar Committee since 2019, Saravana presently co-chairs the Civil Practice & Court Liaison Committee and the Professional Development Committee.