• Separation of powers
    Supreme Court. If the legislative branch does not agree with the way in which the judicial branch has interpreted the law, they can introduce a new piece of legislation, and the process starts all over again. Checks and Balances Checks and Balances, the constitutional controls whereby separate...
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  • judicial review under U.K condition
    54.1 In this Section – (a) a ‘claim for judicial review’ means a claim to review the lawfulness of – (i) an enactment; or (ii) a decision, action or failure to act in relation to the exercise of a public function. Lord Diplock ‘judicial control of administrative action’ (CCSU) Judicial Review...
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  • Administrative Law
    4 Legislative Supremacy Module 3 Delegated Legislation Unit 1 Unit 2 Justification of Delegated Legislation Unit 3 Validity of Delegated Legislation Unit 4 Control of Delegated Legislation 6 LAW 443 ADMINISTRATIVE LAW I Module 4 Unit 1 Decision and Rule Making Procedures Unit 2 Types of...
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  • Explain the Sources of Malaysian Legal System.
    of The Federal Constitution, State Constitutions, Legislation and Subsidiary Legislation. In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual. The Federal...
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  • Business Law
    Constitution and the State and in the code or statute. Written law as influenced by English law as the legal system of Malaysia retains much of its British legal system. The "Written law" includes the Federal Constitution and State laws and subsidiary legislation 2.2.1 The Federal and State...
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  • Business Law
    difficult for public to keep up with How does the State control this upsurge in delegated legislation? The State uses two means, namely: 1. By means of the court, referred to as judicial control. By this means, the courts use a principle called ultra vires (acting beyond powers)to say that if laws...
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  • Federalism
    power of making any law imposing a tax not mentioned in either of those Lists. Article 248 is residuary power of legislation where Parliament has exclusive power to make any law with respect to any matter not enumerated in Concurrent List and State List. CONTROL OVER LEGISLATIVE POWERS OF STATE...
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  • International Business Law
    (constitutional law) * Administrative rules and regulations * Municipal law or community law * Ordnances * Law from making treaties * Common law: derived from judicial precedents (unwritten) * Statue law: derived from legislation (written) * Customary law: derived...
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  • Sources of Kenyan Law
    his book “Administrative Law” the greatest challenges positedby delegated legislation is not that it exists but that it’s enormous growth has made it impossible for parliament to watchover it. Neither parliament nor courtsof law can effectively control delegated legislationby reason of their inherent...
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  • Government and Law
    origins and nature of social control and governmental authority. 7 Public Administration – The study is focused upon the methods and techniques used in the actual management of state affairs by the executive, legislative and judicial branches of government. 8 Public Law or Law...
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  • Residuary Power Art.248
    mentioned education, local Government, police, criminal law, company law, railways, irrigation, price control; general control over the liberty of the subject. But as in the U.S.A., there has been intrusion of Federal legislation into the State sphere, by virtue of liberal interpretation by the Court' of...
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  • Paralegal
    Delegated Legislation: * Nature & Purpose * Sub-Delegation * Safeguards Administrative Tribunals: * Reasons For Them * Ministerial Decisions & Inquiries Judicial Control of Public Authorities: * Liability & Remedies * Appeals to the Privy Council The Law of...
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  • Legal History of Singapore
    English common law tradition as some of her neighbors (India, Malaysia and Myanmar) and thus enjoys the attendant benefits of stability, certainty and internationalization in British legal system. The common law system of Singapore can be characterized as doctrine of judicial precedence or stare...
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  • Consitution
    constitutional law at a certain place they may over lap and this area may termed as watershed in administrative law. In India, in the Watershed one can include the whole control mechanism provided in the constitution for the control of the administrative authorities that is article 32, 226,136,300 and...
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  • Business Law and Ethics Lecture Reviews 1-6
    statute Forms the basis of English law, can be found in countries like Canada, Malaysia, Singapore, Australia and NZ Courts operate in an adversarial manner Civil Law system Derived from Roman system of law Complete code of written laws whose primary source of law is legislation Courts tend to...
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  • Separate Legal Entities
    Hamlets London Borough Council [1976] 1 WLR 852, the Court of Appeal held that where the question at issue was the entitlement of the owner of a business to be compensated for its extinguishment and on the facts the trading company was in a position to control the subsidiary companies in every respect...
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  • Social Media Network
    person or body that is authorised to do so. In Malaysia, which has a written constitution, written law consists of the Federal and State Constitutions, the legislation passed by Parliament and State Legislative Assemblies as well as subsidiary legislation. Unwritten law, on the other hand, refers...
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  • Aids to Interpretation
    Constitutions, Legislation and Subsidiary Legislation. [6] In another word, Written Law refers to the law stated in the Federal Constitutions which is the supreme law of Malaysia and it enshrines the basic or fundamental rights of the individual. [7] The Federal Constitutions also stipulates the “Yang di...
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  • Separation of power (Malaysia)
    ( Dewan Rakyat ). In this case, the function of the two chambers and the Yang di-Pertuan Agong is different, is an interesting feature because there is separation of powers and control of passing a law in accordance with Article 49 and Article 66 of the Constitution of Malaysia. Administrative law at...
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  • Law from Malaysian Perpective
    comprises laws that have emerged from three significant periods; the Malaysian history originating from Malacca Sultanate to spread of Islamic religion to Malacca and South east Malaysia and finally the colonial rule of British over the Malayan land which led to the sources of Malaysian as can be seen...
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