2 Legal pluralism is the existence of multiple legal systems within one geographic area. Legal pluralism also occurs when different laws govern different groups within a country. For example, in India andMalaysia, there are special Islamic courts that address concerns in Muslim communities by following Islamic law principles. Secular courts deal with the issues of other communities. Legal pluralism also exists to an extent in societies where the legal systems of the indigenous population have been given some recognition. In Australia, for example, the Mabo decision gave recognition to native title and thus elements of traditional Aboriginal law. (Malaysia: Adong bin Kuwau’s case)
[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.
Wednesday, March 9, 2011
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