SITI NURLAILA ABDUL GHANI

LEB140108 | 2015/2016

CHAPTER 1: INTRODUCTION TO ADMIN LAW

 POWER // CONTROL
 Administrative law is generally law relating to the control over governmental powers.
Its main purpose is to ensure that the government acts within the limits of its powers
so that the people are protected from abuse of power by it.
 Law about control of government.
 Admin law developed to ensure that governments act within the limits of their power//
protect people from abuse of it (interest, rights, legitimate interest)

Why is it needed?

 19th century: ruling political philosophy was laissez faire denoting individualism,
individual enterprise and self-help. Its philosophy envisaged minimal governmental
control over private enterprise and maximum free enterprise and contractual
freedom. Minimal intervention from the government. Rich people get richer-huge gap
between working class and business man.
 State only acted like ‘law and order’ of the state and its role was limited to defending
the country from external aggression, maintaining law an order within the country,
dispensing justice to individuals and collecting taxes for funding there activities.
 Government did not care much about regulating the social and economic life of the
country.
 Laissez faire had its shortcomings – it did not contribute to the happiness of the
people. Uncontrolled contractual freedom gave freedom to only a few, for the
economically weaker – they did not have bargaining power. Exploitation of the
weaker and wealth being concentrated in a few hands. No equal bargaining power
which lead to exploitation.
 Laissez faire lost its sway and it came to be pleaded that the state should ameliorate
the conditions of the poor.
 Gives rise to political philosophy of collectivism which favoured state intervention
and in time, out of the concept, emerged the concept of social welfare state. Move
from laissez faire to social welfare state.
 Laid stress on the state acting as a vehicle for the socio-economic well-being of the
people.
 Friedmann’s classification of the functions of a modern state:
a) Protector: acts to defend the country against external or internal aggression.
b) Provider: provide people with certain social services and minimum welfare to the
people to ensure a minimum standard of living for all. (Achieved through health
care, pensions, schools etc).
c) Regulator: acts to control various activities of the community//citizens (town,
urban planning, business etc) - Regulates how society functions.
d) Entrepreneur: undertakes public undertakings and enterprises. – Getting involved
in business.
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e) Umpire: acts and discharges arbitral functions between competing interests in

society. – Adjudicate disputes.
 State activism and the increase in the range of the state’s functions lead inevitably to
the assumption of more and more powers by the state. Risk of abuse of these added
powers of the state therefore they need control which lead to the development of
Admin law.
 The awareness for a need of control mechanism peaked, especially from the case of
Ridge v Baldwin.
 Admin law is a mechanism used to find a fine balance between admin and individual
claims which always contradict.
 Admin law developed minimum standards before they can exercise their power (take
actions).
 It encourages good administration and an administration that “acts in accordance with
the law”. Therefore, it is unfair to think that Admin Law as a foe of modern
administration.

Definition of administrative law.

 There is no one // comprehensive definition of Admin law which accurately states its
nature, scope and contents. Various definitions have been given. Fluid definition –
still developing.
a) “Admin law is the law concerning the powers and procedures – link to standard and
norms the power is exercised of administrative agencies, including especially the law
governing judicial review of administration action.” (Davis)1
b) “Admin law is the law relating to administration. It deals with the organisation,
powers and duties – What they should// should not be doing of administrative
authorities”. (Jennings)2
c) “Admin law determines the legal status and liabilities of all state officials, - Due to
their 5 roles defines the rights and liabilities of private individuals in their dealings
with public officials and specifies the procedure by which rights and liabilities are
enforced”. (Dicey)3
d) Admin law deals with the structure, powers and functions of the organs of the
administration; the limits of their powers; the methods and procedures followed by
them in exercising their powers and functions; the methods by which their powers are
controlled including the legal remedies available to a person against them when his
rights are infringed by their operation”. (M.P. Jain)4
e) W. Wade – A first approximation to a definition of Admin law is to say that it is the
law relating to the control of government power… Its primary purpose to keep the

1
Kenneth C Davis, Administrative Law Text, 2 (1959)
2
Jennings, The Law and the Constitution, 217
3
Dicey, The Law and the Constitution, 329, (VIII ed.)
4
M.P. Jain, Administrative Law of Malaysia and Singapore, 4th ed., p 16)
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powers of government within their legal bounds to protect citizen against their abuse.
(W. Wade)5
- Powers given to the government are divided into 2 (law making powers, discretionary
powers) and is given by the law. (Statutes, FC, Subsidiary legislations)

Relationship between Admin law and Constitutional law

- Both deal with powers & functions of government.

- Both are supplementary and disperse and control state powers.
- Both are government power and part of public law.
- Constitutional law lays down power & limitation and administrative law concerns the
mechanism of such control.
- Constitutional law deals with structure, organization, powers & functions of 3 organs
of government and relationship. - Constitutional law wider.
- Admin law deals mainly with function of executive vis-à-vis relationship with public.
- Admin law is an instrument of control over exercise of bureaucratic powers.

> Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan [1996] 1 MLJ 261

- Appellant is a senior teacher. App entrusted with a sum of money by the Johor
Education Dept for the gardener but he held it instead. When ask to be returned e said he
had done so but actually not. After some time he returned but charged for CBT, Fund
guilty by session court and held by the high court. JED wrote to SPP and suggested
reduction in rank. The SPP went ahead and dismissed the App. App went to court to
apply for declaration that his dismissal is null & void. Court refuse and hence App
appealed to the COA. GSR pragmatically & liberally interpreted Article 5(1) word life to
include livelihood. Word equal in Article 8 interpreted as fair, word law include
substantive and procedural law, reading together means substantive decision made must
be fair and the procedure used to make decision must be fair. COA held dismissal is not
fair & too severe hence disproportionate.

> Hong Leong Equipment v Liew Fook Chuan [1996] 1 MLJ 481

- Mr Liew summarily dismissed due to misconduct. Section 20(1) Industrial Relations

Act. Industrial Minister did not allow Mr Liew for …..Mr Liew apply application for
judicial review in the sessions court seeking for certiorari (order of the court quashing
decision by a public authority) and mandamus (order of court directing a public authority
to do something).

> Kerajaan Negeri Johor v Adong bin Kuwau [1998] 2 MLJ 158

5
W. Wade, Administrative Law, 1994