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 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 [Student Project] (Unpublished)

Abstract

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.

Metadata

Item Type: Student Project
Creators:
CreatorsID Num. / Email
Abd Talib, Khazatul NaimaUNSPECIFIED
Mohammad, Nur AsmanizaUNSPECIFIED
Wan Adeli, Wan Fatin FashilinUNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Administrative law
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons)
Item ID: 28192
Uncontrolled Keywords: Rule, Locus standi, Administrative
URI: http://ir.uitm.edu.my/id/eprint/28192

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