A BRIEF STATEMENT ON JR

THE FUNCTION OF THE COURT IS TO SEE THAT LAWFUL AUTHORITY IS NOT ABUSED BY UNFAIR TREATMENT BY THOSE IN AUTHORITY.IN SIMPLE LANGUAGE, THE COURTS WILL ENSURE THAT PUBLIC BODIES ENTRUSTED WITH POWER MUST ACT WITHIN THE PARAMETERS OF THAT POWER. IF IT EXCEEDS THE POWERS CONFERRED UPON IT, THAT IT WILL BE ULTRA VIRES AND THE MANNER OF THE DECISION MAKING IS LIABLE TO BE SCRUTINIZED BY THE COURTS.

SOURCES OF JURISDICTION - JUDICIAL REVIEW

 The Malaysian position with regard to the procedure invloved in JR is governed by the Specific Relief Act 1950 ( Act 137)  and pursuant to the inherent powers granted to the Court under paragraph 1 of the Schedule of  the Courts of Judicature Act  1964 ( Act 91).

[ Whether in assignments or exams, students need to cite the sources of   jurisdiction for JR]

EXAMINABLE AREA

Using Sagong Tasi’s case as the basis for arguments, how do you creatively use the doctrine of Rule of Law, Arts. 4(1), 162(6), 5(1), 8(1), 13(1) and 13(2) of the Federal Constitution and LAA 1960, CLA 1956, etc., to re-invent and re-fashion legal arguments in support of the claims of the Orang Asli whenever their rights and interests are constantly under threat whenever outside developments encroach upon their settlements and livelihood

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