Constitutional, Public & Administrative Law
Holding public authorities to account through judicial review and constitutional challenges in the Malaysian courts.
Standing Between the Citizen and the State
Constitutional law is not an abstract discipline confined to law textbooks. It is the mechanism by which individuals and organisations challenge the exercise of state power. The Federal Constitution remains the supreme law of Malaysia, and every branch of government, whether federal or state, operates within the boundaries it sets. When a public body acts beyond its legal authority or fails to follow proper procedure, the consequences for the affected individual can be severe: loss of liberty, loss of property, loss of livelihood.
Messrs S.K. Song has a long track record of acting in matters where citizens and businesses need to push back against unlawful administrative action. Our founding partner, Mr. Song Sing Kwee, draws on decades of litigation experience that includes high-profile public law disputes in Johor and beyond. The firm regularly handles judicial review applications under Order 53 of the Rules of Court 2012, challenging decisions of local councils, state authorities, licensing bodies and ministerial departments.
The scope of constitutional and administrative law work in this country is broad. A case might involve the interpretation of fundamental liberties under Articles 5 through 13 of the Federal Constitution, or it could centre on whether a decision-maker complied with the rules of natural justice. We have dealt with matters arising from the Courts of Judicature Act 1964, the Government Proceedings Act 1956, and a range of sector-specific statutes that confer discretionary powers on public officials.
Judicial review is time-sensitive. Under the current rules, an applicant must file leave within three months of the decision being challenged. Delays weaken the case. Anyone who suspects that a public authority has acted unlawfully should seek legal advice promptly, before evidence becomes difficult to obtain and before the limitation period expires.
How We Can Help
We represent individuals, companies and non-governmental organisations in all types of public law disputes. Our work includes preparing and filing judicial review applications, drafting affidavits, and presenting oral arguments at the leave stage and at the substantive hearing. Where a matter involves constitutional interpretation, we have the depth of experience necessary to argue effectively before the High Court and, where required, before the Court of Appeal and the Federal Court.
Relevant Legislation
- Federal Constitution (Articles 4, 5, 8, 9, 10, 13)
- Rules of Court 2012 (Order 53 - Judicial Review)
- Courts of Judicature Act 1964
- Government Proceedings Act 1956
- Interpretation Acts 1948 and 1967
- National Land Code 1965 (relevant state land provisions)
- Local Government Act 1976