R V SUSSEX JUSTICES , EX PARTE Mc CARTHY [1924] 1 KB 256
"It is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."
[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.
Friday, November 25, 2011
Thursday, November 24, 2011
'UNERASONABLENESS' 1948- 1 KB 223
The Classic test of unreasonableness is the Wednesbury principle, formulated by Lord Greene.
" .... a person entrusted with a discretion must, so to speak, direct himself properly in law."
CCSU [1985] AC 374
In the GCHQ case Lord Diplock referred to the principle of proportionality ..
" .... a person entrusted with a discretion must, so to speak, direct himself properly in law."
CCSU [1985] AC 374
In the GCHQ case Lord Diplock referred to the principle of proportionality ..
Monday, November 21, 2011
A & Ors v Secretary of the State for the Home Department [2005] UKHL 71;[2005] 3 WLR 1249 AT 1300
... that evidence procured or which may have been procured by torture overseas, even without the complicity of British Officials, shall not be admissible before the English Special Immigration Appeals Commission,and there Lord Hope declared:-
A & Ors v Secretary of the State for the Home Department [2005] UKHL 71;[2005] 3 WLR 1249 AT 1300
A & Ors v Secretary of the State for the Home Department [2005] UKHL 71;[2005] 3 WLR 1249 AT 1300
The use of such evidence is excluded .....on grounds of its barbarism,its illegality and its inhumanity. The law will not lend it's support to the sue of torture for any purpose whatsoever. It has no place in the defence of freedom and democracy,whose very existence depends on the denial of the use of such methods to the executive.
Monday, November 14, 2011
AUSTRALIAN JOURNAL OF ADMINISTRATIVE LAW-MAY 2011
CONCEPTUALISING ACCOUNTABILITY [p128]
The traditional definition of accountability generally refers to the formal duties of the public agencies to account for their actions to the Parliament and ot the Courts.However, this narrow rendering has been largely discarded in favour of an extended concept of accountability or "the duty to give account for one's actions to another person or body."The broader approach properly recognizes that there are multiple strategies of accountability "involving both public and private sectors in both horizontal and vertical relationship with public decision makers."Goverment is now more complex and fragmented than originally conceived and there is a wide range of possible mechanisms by which these regulatory actors may be held accountable."
In extending an extended concept of accountability, Scott posits key questions: who is accountable, to whom and for what?
Wednesday, November 2, 2011
LOWENTHAL AND WATSON
In a study of writing among 170 academic staff L & W identified 2 distinct types of writer:-
"Serialists" who see writing as a sequential process in which the words are corrected as they are written and who plan their writing in detail before they begin.
"Holists" who can only think as they write and compose a succession of complete drafts.
"Serialists" who see writing as a sequential process in which the words are corrected as they are written and who plan their writing in detail before they begin.
"Holists" who can only think as they write and compose a succession of complete drafts.
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