The Study of the Doctrine of Propotionality in Malaysia
Judicial review is the process by which the courts exercise a supervisory jurisdiction (or control) over the activities of public authorities in the field of public law. The first principle of judicial review is concerned with the decision making process and not the merits, substance or justificat...
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| Main Authors: | , , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2017
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1273/1/FH03-FUHA-18-12029.pdf http://eprints.unisza.edu.my/1273/ |
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| Summary: | Judicial review is the process by which the courts exercise a supervisory jurisdiction (or control) over
the activities of public authorities in the field of public law. The first principle of judicial review is
concerned with the decision making process and not the merits, substance or justification. Whilst the
second principle provides that there can be an exception to the first principle when the court could
examine the substance or justification to satisfy itself that the decision maker has not transgressed the
principles of procedural impropriety, illegality or irrationality. The objective of this paper is to
determine whether the court may review for substance in cases where the principle of proportionality
is at stake. The methodology used in this qualitative research is library research where relevant data
from primary and secondary law documents are analysed. It is thus submitted that the principle
of proportionality may also be added to the above categories thus widening the scope of judicial
intervention of administrative action by way of judicial review. |
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