Marsden Law Book

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.

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.

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)

Table of Contents

Chapter 1: The Province of Administrative Law

Chapter 2: Elements of Judicial Review

Chapter 3: Jurisdictional Challenge

Chapter 4: Abuse of Discretion

Chapter 5: Procedural Ultra Vires at Common Law

Chapter 6: Statutory Procedure

Chapter 7: Delegated Legislation

Chapter 8: Procedure and Remedies

Chapter 9: Government Proceedings

Chapter 10: Liability of Public Authorities in Tort and Restitution