Friday, August 13, 2010

[2004] 4 CLJ 403

BEATRICE FERNANDEZ V SISTEM PENERBANGAN MALAYSIA & ANOR
Constitutional law is a branch of public law;it deals with the contravention of an individuals rights by a public authority.

Abdul Hamid Mohamad FCJ delivering the Judgment of the Court

Note: This is the essence and foundation of administrative law.If a citizen complains that his or rights have been infringed by a public body, that thay can file an action in Court. The Courts will then review the decision of the public body to see if the citizens rights have indeed been infringed. This process is done under Order 53 RHC and is known as Judicial Review. The Courts will analyze the decision of the public body and see whether it was acting within its powers.If it had exceeded its powers then the Courts will quash the decision atas alasan that it was ultra vires In law this is known as certiorari proceedings. Faham tak,murid murid?? Vijay

No comments:

Post a Comment