Judgment Reviews Law at Malaysia
In Malaysia, judicial review is a fundamental aspect of the legal system, ensuring that the actions of public authorities comply with the law and the Constitution. The Federal Court, as the highest judicial authority, plays a pivotal role in overseeing the exercise of judicial review.
⚖️ Judicial Review in Malaysia
Judicial review in Malaysia allows individuals to challenge decisions, actions, or omissions by public bodies to ensure they are lawful, reasonable, and procedurally fair. This mechanism is crucial for upholding the rule of law and protecting individual rights.
🏛️ Role of the Federal Court
The Federal Court holds exclusive jurisdiction over judicial review matters, as stipulated by the Federal Constitution In the landmark case Sisters in Islam v. Majlis Agama Islam Selangor, the Federal Court ruled that the Selangor state legislature could not confer judicial review powers upon the Syariah courts, affirming that such powers are solely vested in the civil courts
📜 Grounds for Judicial Review
Common grounds for judicial review in Malaysia include:
Ultra Vires When a public body acts beyond its legal authorit.
Unreasonableness When a decision is so unreasonable that no reasonable authority would have made i.
Procedural Impropriety Failure to follow prescribed procedure.
Bias When a decision-maker has a personal interest in the matte.
Failure to Give Reasons When a public body does not provide reasons for its decision. These grounds ensure that public bodies exercise their powers lawfully and fairl.
🧑⚖️ Standing to Su
The Federal Court has affirmed a broad and liberal test for standing in judicial review cass In Datuk Bandar Kuala Lumpur v. Perbadanan Pengurusan Trellises, the Court held that an applicant need only demonstrate a genuine interest in the matter, rather than a direct personal stake
⏳ Time Limit for Filin
Applications for judicial review must generally be filed within three months from the date the grounds for the application first arose or when the decision was first communicated to the applicant Delays beyond this period require the applicant to seek an extension of time, demonstrating valid reasons for the dely.
⚠️ Limitations of Judicial Revie
While judicial review is a powerful tool, it has limitatios:
*Discretionary Nature: The remedies are not automatically granted; the Court exercises discretin.
*Not an Appeal: Judicial review does not re-examine the merits of a decision but assesses its legaliy.
*Exhaustion of Alternative Remedies: Applicants must typically exhaust other available remedies before seeking judicial review
✅ Summary
*Exclusive Jurisdiction: The Federal Court holds exclusive jurisdiction over judicial review mattes.
*Broad Standing: A broad and liberal test for standing is applid.
*Time Constraints: Applications must be filed within three months, with provisions for extensios.
*Grounds for Review: Includes ultra vires, unreasonableness, procedural impropriety, bias, and failure to give reasos.
*Limitations: Judicial review is discretionary, not an appeal, and requires the exhaustion of alternative remedis.
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