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Questions and Answers
What is the primary purpose of issuing a prohibition?
What is the primary purpose of issuing a prohibition?
Which of the following statements accurately describes the relationship between certiorari and prohibition?
Which of the following statements accurately describes the relationship between certiorari and prohibition?
What is a key characteristic of a relator action?
What is a key characteristic of a relator action?
Which grounds can justify the issuance of prohibition?
Which grounds can justify the issuance of prohibition?
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How does the issuance of certiorari impact the decisions made by inferior courts?
How does the issuance of certiorari impact the decisions made by inferior courts?
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What is the primary condition for an action to be brought in the relator's name according to Order 15 Rule 11 of the Rules of High Court 1980?
What is the primary condition for an action to be brought in the relator's name according to Order 15 Rule 11 of the Rules of High Court 1980?
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In the case of AG at the Relation of Pesuruhjaya Ibu Kota v Wan Kam Fong, what was the role of the Attorney General?
In the case of AG at the Relation of Pesuruhjaya Ibu Kota v Wan Kam Fong, what was the role of the Attorney General?
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What type of legal order is a declaration?
What type of legal order is a declaration?
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What distinguishes a declaratory order from other types of orders according to the Specific Relief Act 1950?
What distinguishes a declaratory order from other types of orders according to the Specific Relief Act 1950?
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In the case of Leong Kum Fatt v AG, why was the declaration not granted?
In the case of Leong Kum Fatt v AG, why was the declaration not granted?
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What is a requirement for seeking an injunction as established by the House of Lords in Gouriet's case?
What is a requirement for seeking an injunction as established by the House of Lords in Gouriet's case?
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Which statement best describes the nature of a relator action?
Which statement best describes the nature of a relator action?
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What is a key characteristic of declarations under the Specific Relief Act?
What is a key characteristic of declarations under the Specific Relief Act?
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Which of the following is NOT a characteristic of an injunction?
Which of the following is NOT a characteristic of an injunction?
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In which case did the Federal Court uphold the granting of a declaration relating to service employment?
In which case did the Federal Court uphold the granting of a declaration relating to service employment?
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Study Notes
Introduction to Remedies
- Remedies are important aspects of Administrative Law.
- They provide redressal when a person feels aggrieved by the administration.
- Remedies are used when rights are infringed or interests are violated.
- Courts can issue orders like habeas corpus, mandamus, certiorari, prohibition, injunction, and declaration.
- The jurisdiction of High Courts to issue these orders is defined by Paragraph 1 of the First Schedule and Section 25 of the Courts of Judicature Act 1964.
Types of Remedies
- Remedies in Public Law (CJA 1964)
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Relator Action
- Remedies in Private Law
- Declaration
- Injunction
Habeas Corpus
- Definition: An order issued by a Court to release a person unlawfully detained or without legal justification.
- Right to habeas corpus is guaranteed by the Federal Constitution, Article 5.
- A complaint initiates an inquiry into detention legality.
- If the Court finds lawful detention, the detainee is not released.
- Power of High Court to issue habeas corpus exists under the Courts of Judicature Act 1964 (Revised 1972) – Section 25 (2) and Criminal Procedure Code Revised 1999 – Section 365.
- Article 5(1) states "No one shall be deprived of his life or personal liberty save in accordance with law".
- Article 5(2) explains situations where a complaint is made and the court's actions in investigating unlawful detention and ordering release accordingly.
- Application for habeas corpus can be made by the detainee or someone on their behalf.
- It is used to secure the release of a person detained unlawfully or without just cause.
Ooi Ah Phua Case
- Ooi's application for habeas corpus was rejected due to lawful detention.
- He was lawfully detained on reasonable suspicion of armed robbery.
Re Datuk James Wong Kim Min Case
- Habeas corpus was issued due to the order of detention being invalid and unlawful.
Yit Hoon Kit Case
- Unreasonable delay and non-compliance with Article 5 (3) of the Federal Constitution made the arrest illegal.
- A detention order was invalid.
Sukumaran Case
- The detention was unlawful because the relevant law was different based on where the detention order was served.
Lee Weng Kin Case
- The order was declared null and void because it was not signed by the correct authority as required by law.
Mandamus
- Definition: An order issued by the High Court to require a public authority to perform a legal duty.
- Purpose: To compel public authorities to exercise powers within a reasonable time and keep them within their jurisdiction.
- The decision can be quashed by certiorari and a new decision obtained via mandamus.
- Mandamus is a discretionary remedy.
- Application for mandamus is made with the High Court's consent.
###Conditions for Mandamus
- Applicant must show that personal rights would be harmed without the order.
- A law must impose the duty on the public official.
- The act must be just and right.
- The applicant cannot have any other remedy.
###Restrictions on Mandamus
- Mandamus is not normally used against government servants or in situations where the claim is merely for their satisfaction.
###Alternative Remedies
- If another remedy (like appeal) is available, mandamus will not be issued.
Mandamus Cannot be Issued to the Government
- In Malaysia, mandamus cannot be issued to the government.
Khoo Siew Bee v Ketua Polis Kuala Lumpur
- The High Court ordered the provision of a document as it was relevant and a public document.
Certiorari
- Definition: A remedy to quash a decision or determination already made.
- Function: Quashes the discretionary and administrative decisions of a body deemed quasi-judicial.
- Can be issued to quasi-judicial and administrative bodies.
- Certiorari is a discretionary remedy.
Certiorari will not be issued if
- The applicant hasn't suffered injustice.
- The applicant lacks merit.
- Relevant facts have not been disclosed.
- An alternative and suitable legal remedy exists.
Badat Drani v Tan Kheat
- The petitioner could appeal to the High Court so certiorari was refused.
Conditions for Certiorari
- Only those whose interests were affected can apply.
- Application is made with High Court consent.
- Application must be made within six weeks of the decision that is being challenged.
Coelho v The Public Services Commission
- Certiorari was issued to quash the decision of the Public Services Commission.
- The dismissal of a civil servant without a hearing was unlawful.
Error of Jurisdiction
- Occurs when an authority lacks jurisdiction over the matter in a case.
- Example: Wrong entity handling a deceased estate.
Question of Fact
- Example: A statutory body suspending a licence due to missing supporting evidence.
Error of Law
- Example: Industrial Court found an illegal strike legal.
Procedural Defect
- Certiorari can be used if decisions lack mandatory procedural steps.
Prohibition
- Nature: A mandatory order in advance to forbid an illegal act, an unauthorized act, a future occurrence in breach of natural justice.
- Grounds: Denial of natural justice or error of jurisdiction.
Principles of Prohibition
- Principles similar to certiorari.
Prohibition vs. Certiorari
- Certiorari is about quashing past decisions, while Prohibition prevents any future decisions.
Relator Action
- Allows a remedy to restrain administration despite lack of personal right being affected.
- Public interests must be considered.
- The AG can proceed against abuse of power.
Relator Action Advantages
- Eliminates requirement of standing.
Relator Action Disadvantages
- Absolute discretion of AG.
- Courts have little or no power to interfere with discretion.
Cases involving Relator Action
- AG ex rel Mc Whirter v IBA: A citizen succeeded, getting an injunction against IBA.
- Gouriet v UPW: A citizen succeeded in getting an injunction after the AG refused to intervene.
Order 15 Rule 11
- Explains procedure for relator actions; requires prior consent to use the relator’s name in the action.
AG at the Relation of Pesuruhjaya (Case)
- Attorney General sought a permanent injunction against misuse of land without license.
Declaration
- Definition: An order declaring the legal rights of the parties.
- Nature: Discretionary, granted when suitable and no other means are available.
Cases on Declarations
- Leong Kum Fatt v AG: The court refused to declare the police force dismissal as invalid due to no breach of natural justice.
- Joseph v Government of Sarawak: Declaration granted regarding the appellant's position within Government service & pay.
- Mahan Singh v Govt of Malaysia: Declarations were made against the termination of the appellant as unreasonable and void due to a denial of due process.
Injunction
- Definition: A court order requiring a person to do or not do something.
- Function: Restraining an administrative body from an unlawful or ultra vires exercise of power.
- Section 50 to 55 of the Specific Relief Act 1950 concern injunctions.
Injunction Types
- Temporary injunctions, granted for a specific time or until another order.
- Perpetual injunctions, granted after hearing and upon merits of the case.
Restrictions on Injunction Cases
- Cannot be used to interfere with a government department's public duties or situations with similar existing remedies.
- Tan Suah Choo v Majlis Perbandaran PP: Injunction was successfully issued against the local authority based on their actions falling outside of their jurisdiction.
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Description
Test your knowledge on the various remedies within Administrative Law. This quiz covers the significance and types of remedies such as habeas corpus and mandamus, along with their application in both public and private law. Explore key concepts and statutory references essential for understanding legal remedies.
