| _version_ |
1860799539905036288
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INTELEK Repository
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| collection |
Online Access
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https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
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| date |
2018-01-03 08:19:45
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| eventvenue |
Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Indonesia
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| format |
Restricted Document
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| id |
6397
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| institution |
UniSZA
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1273-01-FH03-FUHA-18-12029.pdf
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PDFium
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oai_dc
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https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6397
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| spelling |
6397 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6397 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Conference Conference Paper application/pdf 13 Adobe Acrobat Pro DC 20 Paper Capture Plug-in 1.7 PDFium 2018-01-03 08:19:45 1273-01-FH03-FUHA-18-12029.pdf UniSZA Private Access 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 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. The International Conference On Shariah And Globalisation (ICSG) 2017 Fakultas Hukum, Universitas Muhammadiyah Yogyakarta, Indonesia
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| spellingShingle |
The Study of the Doctrine of Propotionality in Malaysia
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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.
|
| title |
The Study of the Doctrine of Propotionality in Malaysia
|
| title_full |
The Study of the Doctrine of Propotionality in Malaysia
|
| title_fullStr |
The Study of the Doctrine of Propotionality in Malaysia
|
| title_full_unstemmed |
The Study of the Doctrine of Propotionality in Malaysia
|
| title_short |
The Study of the Doctrine of Propotionality in Malaysia
|
| title_sort |
study of the doctrine of propotionality in malaysia
|