2025
NAVIGATING JUDICIAL REVIEW: A PRACTITIONER’S PERSONAL GUIDE
September 3, 2026
NAVIGATING JUDICIAL REVIEW: A PRACTITIONER’S PERSONAL GUIDE
My Journey into Judicial Review
My entry into Judicial Review was serendipitous rather than planned. It began as a natural progression from representing a corporate client in an Industrial Court matter, where my client was found to have unfairly dismissed an employee. Challenging that award sparked what would quickly become a deep and lasting fascination with administrative law and the supervision of public decision-making.
The real learning began when I immersed myself in the cause papers, dissecting administrative law doctrines and analyzing the rich body of Malaysian and Commonwealth case law. My advice to young lawyers, pupils, and those intrigued by this practice area is simple: extensive research is your greatest teacher.
Learned judges provide masterclasses in their judgments by clearly extracting parties’ prayers and arguments alongside core legal principles. I learned directly from reading judgments from beginning to end without relying solely on secondary summaries.
The Evolution of My Practice
My first genuine Judicial Review matter involved challenging a formal decision rendered by a Federal Minister, among other statutory respondents. While that case settled amicably prior to the substantive hearing, it marked the beginning of my ongoing journey in this complex litigation arena.
Nine Essential Elements of a Judicial Review Application
1. Locus Standi & Adverse Effect
Under Order 53 Rule 2(4) of the Rules of Court 2012 (ROC 2012), the Applicant must demonstrate that they have been “adversely affected” by the decision, omission, or action of a public authority or quasi-public regulatory body.
2. Strict 90-Day Time Limitations
Under Order 53 Rule 3(6), the application for leave must be filed within ninety (90) days from the date when the grounds for the application first arose, or when the decision was first communicated to the Applicant. Proving the exact date on which the decision came to the client’s knowledge is vital, as courts treat this deadline strictly.
3. The Two-Stage Process
Judicial Review follows a bifurcated procedural framework:
- Stage 1: An ex-parte application for leave to apply for judicial review; and
- Stage 2: If leave is granted, an inter-partes substantive hearing of the application.
4. The Order 53 Statement
The Order 53 Statement (Form 109) requires meticulous, precision drafting. It forms the foundational architecture of your case. The Applicant’s verifying affidavit must align seamlessly with the grounds and facts set out in this statement.
5. Crafting the Reliefs & Prayers
The remedies sought must be tailored with care. The most common and potent relief is an order of certiorari, which quashes the unlawful public decision. Other potential remedies include declarations, injunctions, and orders of prohibition.
6. Specific Mandamus Considerations
A prayer for mandamus is only viable where there exists an express statutory duty that the public official or body is legally mandated to perform. Without demonstrating a failure to perform a compulsory public duty, a prayer for mandamus is doomed to fail.
7. The Ex-Parte Leave Hearing
The Attorney General’s Chambers (AGC) is served and will attend the hearing via Federal Counsel. The judicial threshold for granting leave is relatively low: the Applicant need only establish that the application is not frivolous, vexatious, or an abuse of process, and that the matter is prima facie amenable to judicial review.
8. Beyond the Ex-Parte Stage
Securing leave is only the beginning. You must strictly comply with Order 53 timelines: serving the order granting leave, the statement, and affidavits on all affected respondents, and entering notice of the substantive application within 14 days.
9. The Substantive Hearing
At the substantive stage, the court determines the legality of the decision-making process. The Applicant must prove that the decision suffered from:
- Illegality: Acting ultra vires, misconstruing statutory powers, or taking into account irrelevant considerations;
- Irrationality: Wednesbury unreasonableness, so outrageous in its defiance of logic that no sensible authority could have made it; or
- Procedural Impropriety: Breaching rules of natural justice (failure to give a fair hearing or bias).
Recent Landmark Precedents Worth Reading [2025]
To keep abreast of the latest supervisory powers exercised by Malaysian superior courts, practitioners should study:
- Dato’ Sri Mohd Najib Tun Hj Abd Razak v. Menteri Dalam Negeri & Ors [2025] 7 CLJ 63 (Court of Appeal)
- The Attorney General of Malaysia v. Dato’ Sri Mohd Najib Tun Hj Abdul Razak [2025] 8 CLJ 951 (Federal Court)
Concluding Thoughts & Practitioner Pro-Tip
“When reading law at university, I found administrative law to be a rather dry subject. I suspect that’s because at that tender age, one could not fathom how a public authority’s decision could profoundly impact an individual or commercial enterprise. However, legal practice is a different story altogether.”
Judicial Review represents one of the most intellectually stimulating disciplines in the law. It acts as the ultimate constitutional bulwark holding public power accountable to the rule of law. How do you view the court’s supervisory role in reviewing decisions made by public authorities?
Disclaimer: This practitioner guide is for informational purposes only and does not constitute formal legal advice. If your rights or business operations have been affected by an unlawful administrative or ministerial decision, contact Hasrina Hakimi Advocates & Solicitors for strategic public law counsel.
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2025
