The Law and Practice of Judicial Review in Malaysia


Book Details
  • Publication Date : Dec – 2020
  • Author : Gregory Das
  • ISBN : 9789674571597
  • Format : Hardcover
  • Country : Malaysia
Category: Product ID: 6666


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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