LAW309 Administrative Law Assignment Answer Malaysia

LAW309 Administrative Law is an interesting and challenging course that will teach you about the Malaysian government’s administrative structure and the rules governing how it operates. You’ll learn about important concepts such as judicial review, statutory interpretation, and the rule of law. This course is a must for anyone interested in a career in government or law. Don’t miss out on this opportunity to learn from one of the Malaysian top legal scholars! Register now and join us for an exciting semester of learning.

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Assignment Brief 1: Relate the rules and principles of administrative law to hypothetical problems arising therein.

Administrative law is the body of law that governs the activities of administrative agencies of government. It presumes the existence of administrative agencies, which are to be evaluated according to different standards than legislative or judicial bodies. The main characteristic of administrative law is its separation from political authority, which ensures a certain degree of objectivity and fairness in decision-making.

The rules and principles of administrative law can be divided into three categories: due process, separation of powers, and checks and balances.

• Due process requires that any decision made by an administrative agency must be fair and reasonable, taking into account all relevant factors.
• Separation of powers dictates that the duties assigned to each branch of government must remain distinct, so as to avoid any one branch from having too much power.
• Checks and balances ensure that no one branch of government can abuse its power.

When considering hypothetical problems arising in administrative law, it is important to remember these three categories of rules and principles. Due process, separation of powers, and checks and balances must all be taken into account to ensure that the decision made by the administrative agency is fair, reasonable, and in line with the Constitution.

Assignment Brief 2: Explain the underlying principles of administrative law in Malaysia.

Administrative law in Malaysia is a body of law that regulates the activities of administrative agencies of the Malaysian government. It includes both executive and legislative bodies, as well as tribunals and commissions.

The key underlying principle of administrative law is the separation of powers between the different branches of government. This separation of powers ensures that no one branch has too much power or authority over another. This helps to prevent abuse of power and protects the rights and freedoms of citizens.

Another important principle is the rule of law, which requires that all laws must be clear and accessible to everyone and that they must be applied equally to all. This ensures that people are not subject to arbitrary or biased decision-making by those in positions of power.

Finally, another important principle of administrative law is accountability. This means that those in positions of power must be answerable to the people for their actions and decisions. They must be able to justify their actions and explain their decisions to those who are affected by them.

All of these principles work together to ensure that the Malaysian government is fair, transparent, and accountable to its citizens.

Assignment Brief 3: Describe the grounds of judicial review in Malaysia.

Judicial review is the power of the courts to examine the decisions of administrative agencies and strike them down if they are contrary to law. In Malaysia, the grounds for judicial review are set out in Article 5 of the Federal Constitution. These grounds are:

1. That the decision is ultra vires, i.e. beyond the power of the administrative agency to make;
2. That the decision is unreasonable;
3. That the decision is discriminatory;
4. That the decision is procedurally unfair; or
5. That the decision is in breach of natural justice.

If any of these grounds are met, then the court can strike down the decision of the administrative agency. This helps to ensure that the Malaysian government is accountable and transparent in its decision-making.

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