chapter  12
30 Pages

Administrative law and judicialized governance in Malaysia: The Indian connection

ByGAN CHING CHUAN

This chapter will focus its discussion on the actual judicialized administrative law or governance in Malaysia today and try to speculate on the roadmap for tomorrow. The central theme of this paper is two-fold. In the first part, an attempt will be made to examine how the Malaysian Judiciary has fared in its supervisory task of keeping the administration and its instrumentalities within the limits of their powers. Included therein is a brief survey on the judicialized governance of the modern day market-oriented regulatory regime where the courts particularly struggle to keep in check the privatized sector which has taken over and exercised many of the powers and tasks once assumed and discharged by the administrative bodies. Here the privatized bodies act as the agents or instrumentalities of the State and, therefore, the exercise of their powers may be subject to judicial review when challenged as being ultra vires. The second part will examine how the current administrative law regime is expected to respond to face the future challenges, particularly those problems posed by the implementation of the WTO economic and trading regime.