Locus standi rule for judicial review: the current law in the UK and Malaysia

In an application for judicial review the court first determines whether the applicant has focus standi to bring the case to the court. If the court finds that the applicant does not have locus standi, the court will dismiss the case as frivolous and vexations. It is important to make locus standi...

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Main Author: Md. Abdul Jalil,
Format: Article
Published: Fakulti Undang - Undang 2004
Online Access:http://journalarticle.ukm.my/1663/
http://ejournal.ukm.my/juum
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spelling my-ukm.journal.16632019-05-14T04:43:57Z http://journalarticle.ukm.my/1663/ Locus standi rule for judicial review: the current law in the UK and Malaysia Md. Abdul Jalil, In an application for judicial review the court first determines whether the applicant has focus standi to bring the case to the court. If the court finds that the applicant does not have locus standi, the court will dismiss the case as frivolous and vexations. It is important to make locus standi rule flexible. If the locus standi rule is made strict then in some cases a person whose right or interest is not adversely affected may not apply for judicial review although the person is representing other people who are adversely affected. Strict interpretation of locus standi rule bars public interest litigation in judicial review. In this paper I have examined the current locus standi rule in the UK and Malaysia, and have suggested that the locus standi rule might be made flexible so that a public-spirited man or a representative body can have standing to apply for judicial review to protect down-trodden public interest in genuine cases Fakulti Undang - Undang 2004 Article PeerReviewed Md. Abdul Jalil, (2004) Locus standi rule for judicial review: the current law in the UK and Malaysia. Jurnal Undang-undang, 8 . ISSN 1394-7729 http://ejournal.ukm.my/juum
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
description In an application for judicial review the court first determines whether the applicant has focus standi to bring the case to the court. If the court finds that the applicant does not have locus standi, the court will dismiss the case as frivolous and vexations. It is important to make locus standi rule flexible. If the locus standi rule is made strict then in some cases a person whose right or interest is not adversely affected may not apply for judicial review although the person is representing other people who are adversely affected. Strict interpretation of locus standi rule bars public interest litigation in judicial review. In this paper I have examined the current locus standi rule in the UK and Malaysia, and have suggested that the locus standi rule might be made flexible so that a public-spirited man or a representative body can have standing to apply for judicial review to protect down-trodden public interest in genuine cases
format Article
author Md. Abdul Jalil,
spellingShingle Md. Abdul Jalil,
Locus standi rule for judicial review: the current law in the UK and Malaysia
author_facet Md. Abdul Jalil,
author_sort Md. Abdul Jalil,
title Locus standi rule for judicial review: the current law in the UK and Malaysia
title_short Locus standi rule for judicial review: the current law in the UK and Malaysia
title_full Locus standi rule for judicial review: the current law in the UK and Malaysia
title_fullStr Locus standi rule for judicial review: the current law in the UK and Malaysia
title_full_unstemmed Locus standi rule for judicial review: the current law in the UK and Malaysia
title_sort locus standi rule for judicial review: the current law in the uk and malaysia
publisher Fakulti Undang - Undang
publishDate 2004
url http://journalarticle.ukm.my/1663/
http://ejournal.ukm.my/juum
_version_ 1643735108153245696
score 13.211869