THIS WEEKS TUTORIAL [20 & 21ST OCTOBER 2010]

PAST YEARS QUESTION

 

You are required to revisit and review the following cases.

R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v Headteacher and Governors of Denbigh High School (Appellant)  [2006] UKHL 15; and

Fatimah bte Sihi & Ors v Meor Atiqulrahman bin Ishak & Ors (minors, suing through Syed Ahmad Johari bin Syed Mohd)  [2005] 2 MLJ 25, (CA); [2006] 4 MLJ 605, (FC).

Discuss and analyse the law laid down in the above cases in the light of recent developments taking place in the common law countries with regard to the issue in dispute, viz., an act, rule or decision is being challenged in an application for judicial review on the ground that it unjustifiably interferes with a human or fundamental right of the applicant.

15 MARKS