Muhd Habib Edi Abdullah
Muhd Hafizullah Bin Seeni Ibrahim
Farhin Julieana Binti Mohd Junus
DEM172001
DEM172009
DEM172012
• Rule of Hearing (Audi Alteram Putem)
• There’s 3 elements to Right to Be Heard
NOTICE OF HEARING
RIGHTS TO
HAVE A LEGAL
COUNSEL
ASPECTS OF
RIGHTS TO
BE HEARD
CONDUCTS OF
HEARING
INTEREST IN GOOD OUTCOMES
Giving prior notice increases the value of the
proceedings as it is only when the interested person
knows the issues & the relevant information that he
/ she can make a useful contribution.
DUTY OF RESPECT
The affected person has the right to know what it is
at stake & it is not enough to simply inform him or
her that there will be a hearing
RULE OF LAW
Notice of issues & disclosure of information opens
up the operations of the public scrutiny
Every person has the right to have a
hearing & be allowed to present his or
her own case
Article 5 (3) of the Federal
Constitution
The right to counsel is generally
regarded as a constituent of the right
to a fair trial
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Right to know the charges
Open mind
Sufficiency time
Access to documentation
Right to oral hearing
Admissibility of evidence
Right to legal
representative
Cross examination on
witness
Reasons for decisions
Failure to provide reasons
& abuse of discretionary
Duty to make further
inquires
Delay and procedural
unfairness
In Administrative Proceedings
If an individual’s right under the law at stake,
the dispute must be determined through a fair
process
Also has been used by courts as a base on
which to build up fair administrative
procedures
It is now well established that it is not the
character of the public authority that matters
but the character of the power exercised
The mere fact that a decision affects rights or
interests is sufficient to subject the decision to
the procedures requested by natural justice
Null acts, as the only
category of defective
administrative acts,
constitute an exception to
the principle of the
presumption of validity &
correctness of
administrative acts
Nullity represents the most
serious and also irremovable
defect of an administration
decision
Null decision does not exist
from the perspective of now, it
is not able to affect the rights
and duties of its recipients
Content varies from
cases where all the
traditional rules of
Natural Justice apply to
those where fairness
requires little
Applies to almost all
decision making process
• Known as compendious term to cover not only the
traditional principles of natural justice but also elements
of acting fairly and fairness in general
• Article 5 and 8 of the Federal Constitution in preference
over the common law principles can be perceived in the
arena of Natural Justice.
• Ensured that a fair procedure is adopted by
administrative bodies in each case
Individual or group
rests on the
presumption that the
decision-maker will
follow a certain
procedure in
advance of a
decision being taken
Enquiry being held
of a fair hearing
and of being
allowed time to
make
representation
especially where
the applicant is
seeking to
persuade
Whether an
act done in
breach of the
legislative
provision is
invalid.
A court will
determine the
validity of an act
done in breach of
a statutory
provide statutory
provision.
The
classification
is the end of
the inquiry not
the beginning.
• The essence of consultation is the
communication of a genuine invitation, to
give advice
• The decision maker must carry out the
consultation but he is not bound by the views
expressed to him
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• A judicial proceeding that is conducted such
manner as to conform the fundamental of concept
of justice and equality
The right to a fair hearing requires that
individuals are not penalized by decisions
affecting their rights or legitimate
expectations unless they have been given
prior notice of the cases against them, a
• It is fundamental that both side is to be heard
fair opportunity to answer them, and the
opportunity to present their own cases.
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Right to know the charges
Open mind
Sufficiency time
Access to documentation
Right to oral hearing
Admissibility of evidence
Right to legal
representative
Cross examination on
witness
Reasons for decisions
Failure to provide reasons
& abuse of discretionary
Duty to make further
inquires
Delay and procedural
unfairness
Latin phrase that means “ no one is judge in his own
case”
• Principle of Natural Justice that no person can judge a
case in which
they have interest
• The rule is strictly applied to any appearance possible
bias
• The circumstances of bias may cover 2 situations:
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1. Where there is pecuniary interest on the part of
the adjudicator or where he has strong personal
interest in proceedings.
2. Where under English Law there is real possibility
of bias, or under Malaysia Law as it stands where
there is real danger of bias.
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Ultra vires is a Latin Term of “Beyond Powers”
Refers to act taken by corporation or officers that taken
outside of powers or authority
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The courts are able to intervene to prevent or
remedy an abuse of power by public authorities.
This because the law may have been created
illegally or unreasonably
Occurs when procedure under enabling act have failed
to be followed and refers mainly to the situation where a
public authority has over stepped its powers
Instruments will be held to be ultra vires if mandatory
procedural requirement has not be followed.