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The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli

This paper focuses on the issue of locus standi which has become a major concern in public law as it often becomes a hurdle to the public spirited individuals who seek judicial review against administrative action or decision. Most of the modern countries interpreted the rule liberally. In Malaysia,...

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Main Authors: Abd Talib, Khazatul Naima, Mohammad, Nur Asmaniza, Wan Adeli, Wan Fatin Fashilin
Format: Student Project
Language:English
Published: Faculty of Law 2012
Subjects:
Administrative law
Online Access:http://ir.uitm.edu.my/id/eprint/28192/1/28192.pdf
http://ir.uitm.edu.my/id/eprint/28192/
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spelling my.uitm.ir.281922020-02-11T06:50:07Z http://ir.uitm.edu.my/id/eprint/28192/ The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli Abd Talib, Khazatul Naima Mohammad, Nur Asmaniza Wan Adeli, Wan Fatin Fashilin Administrative law This paper focuses on the issue of locus standi which has become a major concern in public law as it often becomes a hurdle to the public spirited individuals who seek judicial review against administrative action or decision. Most of the modern countries interpreted the rule liberally. In Malaysia, the liberal approach was celebrated in many decisions such as Lim Cho Hock and Tan Sri Haji Othman Saat. However, the rule suffered a setback in 1988 as the Federal Court adopted a restrictive approach which froze the rule at pre-1977 of common law in Government v Lim Kit Siang. The restrictive approach is condemned in modern era as it does not facilitate the citizens who wish to safeguard their interest or to uphold human rights and rule of law. Hence, many cases in Malaysia were struck out by the court on the basis of lack of standing. Therefore, this research proposes that Malaysia should liberalize the rule of standing to ensure that the rule of law and rights of citizen are safeguarded. This research will also highlight the advantages and disadvantages of the two approaches. In doing so, comparison between the position of locus standi in public law action in Malaysia with England, Australia and Canada will be made. Faculty of Law 2012 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/28192/1/28192.pdf Abd Talib, Khazatul Naima and Mohammad, Nur Asmaniza and Wan Adeli, Wan Fatin Fashilin (2012) The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli. [Student Project] (Unpublished)
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic Administrative law
spellingShingle Administrative law
Abd Talib, Khazatul Naima
Mohammad, Nur Asmaniza
Wan Adeli, Wan Fatin Fashilin
The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
description This paper focuses on the issue of locus standi which has become a major concern in public law as it often becomes a hurdle to the public spirited individuals who seek judicial review against administrative action or decision. Most of the modern countries interpreted the rule liberally. In Malaysia, the liberal approach was celebrated in many decisions such as Lim Cho Hock and Tan Sri Haji Othman Saat. However, the rule suffered a setback in 1988 as the Federal Court adopted a restrictive approach which froze the rule at pre-1977 of common law in Government v Lim Kit Siang. The restrictive approach is condemned in modern era as it does not facilitate the citizens who wish to safeguard their interest or to uphold human rights and rule of law. Hence, many cases in Malaysia were struck out by the court on the basis of lack of standing. Therefore, this research proposes that Malaysia should liberalize the rule of standing to ensure that the rule of law and rights of citizen are safeguarded. This research will also highlight the advantages and disadvantages of the two approaches. In doing so, comparison between the position of locus standi in public law action in Malaysia with England, Australia and Canada will be made.
format Student Project
author Abd Talib, Khazatul Naima
Mohammad, Nur Asmaniza
Wan Adeli, Wan Fatin Fashilin
author_facet Abd Talib, Khazatul Naima
Mohammad, Nur Asmaniza
Wan Adeli, Wan Fatin Fashilin
author_sort Abd Talib, Khazatul Naima
title The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
title_short The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
title_full The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
title_fullStr The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
title_full_unstemmed The rule of locus standi in administrative law / Khazatul Naima Abd Talib, Nur Asmaniza Mohammad and Wan Fatin Fashilin Wan Adeli
title_sort rule of locus standi in administrative law / khazatul naima abd talib, nur asmaniza mohammad and wan fatin fashilin wan adeli
publisher Faculty of Law
publishDate 2012
url http://ir.uitm.edu.my/id/eprint/28192/1/28192.pdf
http://ir.uitm.edu.my/id/eprint/28192/
_version_ 1685650379126079488
score 13.211869

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