[1979]1 MLJ 135 at p.148
Pengarah Tanah dan Galian,WP v Sri Lembah Enterprise "Unfettered discretion is a contradiction in terms.....Every legal power must have legal limits,otherwise there is a dictatorship....The Courts are the only defence of the liberty of the subject against departmental aggression."This research on AL has been written with the following objectives :-
-Generally,but not exhaustively,it covers an overall spectrum of Malaysian Administrative Law.
Tuesday, September 14, 2010
TUTORIAL QUESTION -2
EXPLAIN THE MEANINGS OF THE FOLLOWING TERMS-
1. CERTIORARI 2. MANDAMUS
JUST BE BRIEF. ONE SENTENCE FOR EACH WILL BE SUFFICIENT.
Certiorari is the most commonly invoked writ. It is the principal means of invoking judicial review over tribunals and quasi-judicial bodies which are now multiplying rapidly beyond the usual or regular judicial system. It has been frequently invoked to quash the discretionary decisions made by the Ministers and also other administrative authorities.
Mandamus is a command issued by the High Court asking or ordering an authority to perform a public duty imposed upon it by law, i.e. when an authority omits to decide a matter which it is bound to decide under the law, therefore, in this situation, mandamus can be issued to order or direct it to decide the same. besides that, mandamus is also issued to keep the subordinate bodies and officers (i.e. quasi-judicial, legislative,administrative) exercising public functions within their power or jurisdictions. In short, mandamus is a very wide and useful remedy against public officers to make sure that they carry out their duties and according to the law.
Certiorari means 'To be informed of.' Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made it is said that the court has granted certiorari. Also called 'Cert'.
Mandamus applies to any public body or person. It serves to compel an individual or body to do their legal duty, for example to hear a case or to provide refuse collection, if these are required by statute. It does not apply to the Crown, but it does to its servants as individuals.
Certiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal.
Mandamus, means 'we command' in Latin refers to a command of a higher court to a lower court or a public officer to perform a lawful duty.
Puan Diana - Good work. But you need to develop your own style of writing.Certiorari- when a High Court quashes a decision of an inferior tribunal- for eg. award of an Industrial court. Regards- VJ
Certiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal.
The above is an archaic view.Probably an author interested in etymology.Certiorari involves JR and quashing a decision of an inferior tribunal if necessary.
Mr.Aliff- Certiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal
The above is an archaic view.Probably an author interested in etymology.Certiorari involves JR and quashing a decision of an inferior tribunal if necessary.
Certiorari is a formal request to court to review the procedure and decisions of a case whether there were any irregularity, and is usually given by higher court to lower court.
Mandamous is a writ or order of a superior court commanding an individual, organization (eg. government), administrative tribunal or inferior court to perform, or restrain from performing, a particular act which required by the law as an obligation. It is an extraordinary court order because it is granted before the case has concluded, at any time that is appropriate.
Certiorari - A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization alleging that the decision has been irregular or incomplete or if there has been an error of law.Then,given the power to the highest court to review the procedural decision of the court below.
Mandamous - A writ which commands an individual, organization administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.
Certiorari is a judicial control relief that only quashes an inferior tribunal order, no more; it is granted only in certain exceptional circumstances if it co-exists with an alternative remedy of appeal.
Mandamus is an order to require public authorities to carry out a certain existing duty, e.g. a re-trial or to grant a license. It does not extend to a private body/law.
Puan Mar-Certiorari is a formal request to court to review the procedure and decisions of a case whether there were any irregularity, and is usually given by higher court to lower court.
Certiorari [in latin: to be informed] means a formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregularor incomplete or if there has been an error of law.
Mandamus [in latin: we command] is a writ which commands an individual, organizations (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Certiorari : - To cancel a decision from the lower court
Mandamus : - A writ which commands an individual, organization administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Certiorari is an order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision.
Mandamus is an order which is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, or individual to perform, or refrain from performing, a particular act which is required by law as an obligation.
Certiorari is the most commonly invoked writ. It is the principal means of invoking judicial review over tribunals and quasi-judicial bodies which are now multiplying rapidly beyond the usual or regular judicial system. It has been frequently invoked to quash the discretionary decisions made by the Ministers and also other administrative authorities.
ReplyDeleteMandamus is a command issued by the High Court asking or ordering an authority to perform a public duty imposed upon it by law, i.e. when an authority omits to decide a matter which it is bound to decide under the law, therefore, in this situation, mandamus can be issued to order or direct it to decide the same. besides that, mandamus is also issued to keep the subordinate bodies and officers (i.e. quasi-judicial, legislative,administrative) exercising public functions within their power or jurisdictions. In short, mandamus is a very wide and useful remedy against public officers to make sure that they carry out their duties and according to the law.
Certiorari is a writ applied for judicial review. A certiorari granted would quash the decision of the authority.
ReplyDeleteMandamus -"we command"- is an order by the court for the authority to execute certain duty.
Certiorari means 'To be informed of.' Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made it is said that the court has granted certiorari. Also called 'Cert'.
ReplyDeleteMandamus applies to any public body or person. It serves to compel an individual or body to do their legal duty, for example to hear a case or to provide refuse collection, if these are required by statute. It does not apply to the Crown, but it does to its servants as individuals.
Certiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal.
ReplyDeleteMandamus, means 'we command' in Latin refers to a command of a higher court to a lower court or a public officer to perform a lawful duty.
Puan Diana - Good work. But you need to develop your own style of writing.Certiorari- when a High Court quashes a decision of an inferior tribunal- for eg. award of an Industrial court. Regards- VJ
ReplyDeletePuan Karen- "Certiorari is a writ applied for judicial review" this is poor english.
ReplyDeleteShould read- Certiorari is an application for JR.
regards- VJ
Puan Justine- Keep up the reading. VJ
ReplyDeleteCertiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal.
ReplyDeleteThe above is an archaic view.Probably an author interested in etymology.Certiorari involves JR and quashing a decision of an inferior tribunal if necessary.
Regards and welcome. VJ
Mr.Aliff-
ReplyDeleteCertiorari is a Roman legal term which means a grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear and if an appellate court grants a writ of certiorari, it agrees to take the appeal
The above is an archaic view.Probably an author interested in etymology.Certiorari involves JR and quashing a decision of an inferior tribunal if necessary.
Regards and welcome. VJ
Certiorari is a formal request to court to review the procedure and decisions of a case whether there were any irregularity, and is usually given by higher court to lower court.
ReplyDeleteMandamous is a writ or order of a superior court commanding an individual, organization (eg. government), administrative tribunal or inferior court to perform, or restrain from performing, a particular act which required by the law as an obligation. It is an extraordinary court order because it is granted before the case has concluded, at any time that is appropriate.
Certiorari - A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization alleging that the decision has been irregular or incomplete or if there has been an error of law.Then,given the power to the highest court to review the procedural decision of the court below.
ReplyDeleteMandamous - A writ which commands an individual, organization administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.
Ng Chin Wern
ReplyDeleteCertiorari is a judicial control relief that only quashes an inferior tribunal order, no more; it is granted only in certain exceptional circumstances if it co-exists with an alternative remedy of appeal.
Mandamus is an order to require public authorities to carry out a certain existing duty, e.g. a re-trial or to grant a license. It does not extend to a private body/law.
Puan Mar-Certiorari is a formal request to court to review the procedure and decisions of a case whether there were any irregularity, and is usually given by higher court to lower court.
ReplyDeleteApplication to a High Court to review....
Good Work. Keep up the reading. VJ
Well Mr,kopiice- the write up is good. You have to write the same thing in class. VJ
ReplyDeleteMr. Ng- Great to see you do some work/ Keep it up. Practice improves presentation. VJ
ReplyDeleteCertiorari [in latin: to be informed] means a formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregularor incomplete or if there has been an error of law.
ReplyDeleteMandamus [in latin: we command] is a writ which commands an individual, organizations (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Shamimi Saberi
Thursday 6pm - 7pm
Puan Saberi- substance is here but palgiarism, Maam.....? VJ
ReplyDeleteCertiorari :
ReplyDelete- To cancel a decision from the lower court
Mandamus :
- A writ which commands an individual, organization administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
Nor Lyiana Asyeken
Wednesday 5pm - 6pm
Puan Nor Lyiana
ReplyDeleteKeep up the reading & Welcome back. VJ
Certiorari is an order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision.
ReplyDeleteMandamus is an order which is issued from a court of superior jurisdiction that commands an inferior tribunal, corporation, or individual to perform, or refrain from performing, a particular act which is required by law as an obligation.