Judicial Review In Malaysia
   HOME
*





Judicial Review In Malaysia
Although Malaysia inherited the political system of British India based on the Westminster system, which made no provision for judicial review, the Federal Constitution of Malaysia instituted a system based on that of India which was in turn influenced by other constitutions including that of the United States. Judges are empowered to declare laws or executive actions ''ultra vires'' if they clashed with the Constitution and/or the parent legislation. However, this power was curbed after the 1988 Malaysian constitutional crisis by then Prime Minister Mahathir bin Mohamad through amendments to the Federal Constitution. A particularly significant amendment was the removal of the judicial power and subjecting the judiciary to such jurisdiction and powers as may be conferred by or under federal law. The merits of detentions made under the Internal Security Act are also not subject to judicial review, but the procedures are. References Law of Malaysia Malaysia Malaysia ( ; ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one form or another, they existed between 1612 and 1947, conventionally divided into three historical periods: *Between 1612 and 1757 the East India Company set up Factory (trading post), factories (trading posts) in several locations, mostly in coastal India, with the consent of the Mughal emperors, Maratha Empire or local rulers. Its rivals were the merchant trading companies of Portugal, Denmark, the Netherlands, and France. By the mid-18th century, three ''presidency towns'': Madras, Bombay and Calcutta, had grown in size. *During the period of Company rule in India (1757–1858), the company gradually acquired sovereignty over large parts of India, now called "presidencies". However, it also increasingly came under British government over ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Federal Constitution Of Malaysia
The Federal Constitution of Malaysia ( ms, Perlembagaan Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded by two previous documents, the Federation of Malaya Agreement 1948 and the ''Merdeka'' () Constitution of 1957 of the Federation of Malaya (). The Constitution of the Federation of Malaya was used as the basis for the establishment of a new Federation known in both English and Malay as Malaysia, when the Federation of Malaya federated with the self-governing State of Singapore and the Colonies of North Borneo (now Sabah) and Sarawak as the States of Malaya, the State of Singapore, and the Borneo States of Sabah and Sarawak. The new State of Malaysia was established through the amendment 87 out of 181 Articles and 10 out of 13 Schedules of The Constitution pursuant to the Malaysia Agreement 1963 as recommended by the 1961 White Paper on Me ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations average to between 73–55 ka.", "Modern human beings—''Homo sapiens''—originated in Africa. Then, int ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




1988 Malaysian Constitutional Crisis
The 1988 Malaysian constitutional crisis (also known as the 1988 judicial crisis) was a series of events that began with United Malays National Organisation (UMNO) party elections in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat. The Supreme Court in the years leading up to 1988 had been increasingly independent of the other branches of the government. Matters then came to a head when Mahathir Mohamad, who believed in the supremacy of the executive and legislative branches, became Prime Minister.Means, p. 237. Many saw his eventual sacking of Salleh Abas and two other Supreme Court judges as the end of judicial independence in Malaysia. Since 1988, there have been regular calls for an official review of the government's actions throughout the crisis. In 2008, newly appointed ''de facto'' Law Minister Zaid Ibrahim said the government had to make an open apology to the sacked judges, calli ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Prime Minister Of Malaysia
The prime minister of Malaysia ( ms, Perdana Menteri Malaysia; ms, ڤردان منتري مليسيا, label= Jawi, script=arab, italic=unset) is the head of government of Malaysia. The prime minister directs the executive branch of the federal government. The Yang di-Pertuan Agong appoints as the prime minister a member of Parliament (MP) who, in his opinion, is most likely to command the confidence of a majority of MPs; this person is usually the leader of the party winning the most seats in a general election. After the formation of Malaysia on 16 September 1963, Tunku Abdul Rahman, the chief minister of the Federation of Malaya, became the first prime minister of Malaysia. Appointment According to the Federal Constitution, the Yang di-Pertuan Agong shall first appoint a prime minister to preside over the Cabinet. The prime minister is to be a member of the Dewan Rakyat (House of Representatives), and who in his majesty's judgment is likely to command the confidence ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Mahathir Bin Mohamad
Mahathir bin Mohamad ( ms, محاضير بن محمد, label= Jawi, script=arab, italic=unset; ; born 10 July 1925) is a Malaysian politician, author, and physician who served as the 4th and 7th Prime Minister of Malaysia. He held the office from July 1981 to October 2003 and later from May 2018 to March 2020 for a cumulative total of 24 years, making him the country's longest-serving prime minister. Before becoming premier, he served as Deputy Prime Minister and in other cabinet positions. He was a Member of Parliament for Langkawi from May 2018 to October 2022, Kubang Pasu from August 1974 to March 2004, and Kota Setar Selatan from April 1964 to May 1969. His political career has spanned more than 75 years, from joining protests opposing citizenship policies for non-Malays in the Malayan Union in the 1940s to forming the Gerakan Tanah Air coalition in 2022. Born and raised in Alor Setar, Kedah, Mahathir excelled at school and became a physician. He became active in the U ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Economist Group, with its core editorial offices in the United States, as well as across major cities in continental Europe, Asia, and the Middle East. In 2019, its average global print circulation was over 909,476; this, combined with its digital presence, runs to over 1.6 million. Across its social media platforms, it reaches an audience of 35 million, as of 2016. The newspaper has a prominent focus on data journalism and interpretive analysis over original reporting, to both criticism and acclaim. Founded in 1843, ''The Economist'' was first circulated by Scottish economist James Wilson to muster support for abolishing the British Corn Laws (1815–1846), a system of import tariffs. Over time, the newspaper's coverage expanded further into ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Constitution Of Malaysia
The Federal Constitution of Malaysia ( ms, Perlembagaan Persekutuan Malaysia) which was promulgated on 16 September 1963, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document which was preceded by two previous documents, the Federation of Malaya Agreement 1948 and the ''Merdeka'' () Constitution of 1957 of the Federation of Malaya (). The Constitution of the Federation of Malaya was used as the basis for the establishment of a new Federation known in both English and Malay as Malaysia, when the Federation of Malaya federated with the self-governing State of Singapore and the Colonies of North Borneo (now Sabah) and Sarawak as the States of Malaya, the State of Singapore, and the Borneo States of Sabah and Sarawak. The new State of Malaysia was established through the amendment 87 out of 181 Articles and 10 out of 13 Schedules of The Constitution pursuant to the Malaysia Agreement 1963 as recommended by the 1961 White Paper on Me ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Internal Security Act (Malaysia)
The Internal Security Act 1960 ( ms, Akta Keselamatan Dalam Negeri 1960, abbreviated ISA) was a preventive detention law in force in Malaysia. The legislation was enacted after the Federation of Malaya gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances. On 15 September 2011, the Prime Minister of Malaysia, Najib Razak said that this legislation will be repealed and replaced by two new laws.Internal Security Act to be abolished, says Najib
15 September 2011, Bernama.com.
The ISA was replaced and repealed by the Security Offences (Sp ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]