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:star:JUIDICIAL REVIEW:star: - Coggle Diagram
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JUIDICIAL REVIEW
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DELEGATION OF POWERS
Is the conferment of power by one person or body on another to act for him. Where is the giving of authority by one public authority in which is vested to another public authority to do what the person giving the power. :pencil2:
Case Huth v Clarke (1890)
INTRODUCTION
Process where the court review the decision by public authorities when they exercise administrative function.
legislative
judicial
executive
DISCRETIONARY POWERS
Most of the time, administrative bodies have a lot of flexibility in how they use their administrative power. the law gives discretionary powers to public bodies due to a lot of experience and expertise in a particular field that they should be able to make decisions on their own. People who have a lot of experience and are experts in their fields can make better decisions for the public bodies they work for. It is not possible to delegate power or duties that require the use of one's own judgment.
Discretionary Powers in Various Statutes
Grounds for Review On the Exercise of Discretionary Power
Common Law Grounds
substantive ultra vires
Extended Ultra Vires
Failure to Exercise Discretion
acting under dictation :pencil2:
Case P.Patto v Chief of Perak (1986)
acting mehcanically :pencil2:
Case Lee Guan Eng v Timbalan Menteri Hal Ehwal Dalam Negeri and Anor (1992)
Abuse of Discretion
mala fide :pencil2:
Case Partap Singh v State of Kerala AIR 1966
relevant&irrelevant consideration :pencil2:
Case Malaysian Airports Holdings Bhd v Abdul Hamid Mydin (2016)
improper purpose :pencil2:
Case President District Council, Batu Pahat v Lo Hong Tan (1983)
vague purpose :pencil2:
Case Yew Lean Finance development (M) Sdn Bhd v Director of Lands and Mines, Penang (1977)
unreasonableness :pencil2:
CaseAssociated Picture Houses Ltd v Wednesbury Corp (1948)
unfairness :pencil2:
Case HTC v Price Commission (1976)
misdirection of fact & law :pencil2:
Case Metal Industry Employees Union v Registrar of Trade Union, Malaysia (1982)
delay :pencil2:
Case Pemungut Hasil Tanah, Daerah Burut Daya, Pulau Pinang v Ong Gaik Kee (1983)
unreasoned decisions :pencil2:
Case Minister of Labour, Malaysia v Sanjiv Oberoi & Anor (1990)
Express Ultra Vires :pencil2:
Case Fadzil bin Mohammed Noor v Universiti Teknologi Malaysia (1981)
procedural ultra vires
non compliance with express procedures :pencil2:
Case Puvaneswaran v Menteri Hal Ehwal Dalam Negeri (1991)
non compliance with implied procedures
rules of justice
audi alteram partem
notice
charge :pencil2:
Case Lam Siew Leong v Krishna Kumar S/O R.K Krishnan (2017)
time :pencil2:
Case Che Hong Yee v. Timbalan Menteri Keselamatan Dalam Negeri, Malaysia & Ors (2008)
hearing
rebuttal :pencil2:
Case Malayawata Steel Bhd v Union Malayawata Steel Workers (1978)
acceptance :pencil2:
Case Malaysia Airline System Bhd v Wan
Sa'adi@Syed
Sa'adi bin Wan Mustafa (2015)
disclosure :pencil2:
Case Subry Hamid v Husaini Tan Sri Ikhwan & Anor (2006)
nemo judex in causa sua
pecuniary bias :pencil2:
Case Dimes c Grand Junction Canal (1852)
personal bias :pencil2:
Case Metropolitan Properties Co v. Lannon (1968)
policy bias :pencil2:
Case Franklin v Minister of Town and Country Planning (1948)
SUBSIDIARY LEGISLATION
The process of making subsidiary legislation include reviewing an existing law to be called a law and making sure that it is enforced and interpreted by LEJ. Therefore, delegation is also justified on the
ground
that it makes the administration more effective and efficient. Public bodies would not be able to achieve the goals for which they were set up unless they had more power, especially rule-making power.
Substantive Ultra Vires
Uncontitutionality
Parent Act Ultra Vires Federal Constitution :pencil2:
Case Johnson Tan Han Seng v Public Prosecutor
Subsidiary Legislation Ultra Vires Federal Constitution :pencil2:
Case Khalid bin Abdul Samad
Subsidiary Legislation Ultra Vires Parent Act :pencil2:
Case Ghazali v Public Prosecutor (1964)
Extended Ultra Vires
Retrospective Effect :pencil2:
Kerajaan Malaysia v Wong Pot Heng (1997)
Exclusion Clause :pencil2:
Case Petaling Tin Bhd v Lee Kian Chan (1994)
Financial Levy :pencil2:
Case Public Prosecutor v Pillay M.M (1977-1978)
Unreasonableness :pencil2:
Case Arlidge v Islington Corporation (1909)
Procedural Ultra Vires :pencil2:
Agricultural, Horticultural etc v Aylesbury Mushrooms Ltd (1972)