PLEA OF INSANITY

[1983] 2 WLR 321

Now the cardinal  principle is that every detention is prima facie unlawful and the burden of proof is on the detainer to justify it.

R. v Home Secretary , ex p. Khawaja

LORD DENNING- HAMLYN LECTURES

The Law says that no man is to be imprisoned except by judgment of the Kings Courts or whilst waiting trial by them. This freedom is safeguarded by the famous writ in England, the writ of habeas corpus.Whenever any man in England is detained against his will, not by sentence of the King's Courts, but by anyone else, then he or anyone on his behalf is entitled to apply to any of the judges of the High Court to determine whether his detention is lawful or not.The Court will then, by this writ, command the goaler or whoever is detaining him, to bring him before the Court, and unless the detention is shown to be lawful,the Court will at once set him free.

Kumpulan Perangsang Selangor Bhd v Zaid bin Hj Mohd Noh [1997] 1 MLJ 789.

"... an examination of the merits of a decision......would not occassion an abuse of judicial power...."

Lamin PCA, Anuar CJ, Gopal Sri Ram JCA

TUTORIAL QUESTION

EXPLAIN THE NATURE AND PROCESS OF JUDICIAL REVIEW.IN YOUR DISCUSSION, INCLUDE THE CASES OF RAMACHANDRAN V INDUSTRIAL COURT OF MALAYSIA [1997] 1 MLJ 145 & DISTRICT PLANTATIONS SERVICES  SDN. BHD V AHMAD NAZRI ADNAN & ANOR [2001] 1 CLJ 25

Your answers should  not be less than 10 lines and  can be posted on this blog. Deadline - 2 weeks from 2-9-2010, inclusive of today.

[1982] 3 ALL ER 141 at p. 143

CHIEF CONSTABLE OF NORTH WALES POLICE V EVANS

JUDICIAL REVIEW IS NOT AN APPEAL FROM A DECISION BUT A REVIEW OF THE MANNER IN WHICH THE DECISION WAS MADE, AND THEREFORE THE COURT IS NOT ENTITLED ON AN APPLICATION  FOR JR TO CONSIDER WHETHER THE DECISION ITSELF WAS FAIR AND REASONABLE.

LORD HAILSHAM OF  MARYLEBONE LC.

THOUGHT FOR THE DAY

"A LAWYER WITH A SUITCASE CAN STEAL MORE MONEY THAN A DOZEN ROBBERS WITH GUNS."


DONE CORLEONE- THE GODFATHER