Constitutional & Public Law

Constitutional, Public & Administrative Law

Our Mr. Song and Mr. Puah who was/is a State Assemblyman combine a strong record of advising on administrative/public law matters with an understanding of Malaysian policy requirements in the various sectors and industries and a depth of litigation experience in appearing at all levels of the Malaysian Courts. This unique combination of legal expertise and real-world policy experience gives our clients a significant advantage in constitutional and public law matters.

Constitutional and administrative law governs the relationship between the individual and the state. It ensures that government bodies, public authorities, and statutory bodies act within their legal powers, follow fair procedures, and respect the fundamental rights of citizens. When these principles are violated, individuals and businesses may seek judicial review to challenge unlawful decisions, actions, or omissions by public authorities.

Judicial Review

Judicial review is the primary mechanism by which the courts exercise supervisory jurisdiction over public authorities. We represent clients in applying for judicial review of decisions made by government ministries, local authorities, licensing bodies, and other statutory bodies. Grounds for judicial review include illegality (acting beyond legal powers), irrationality (decisions that no reasonable authority could have made), and procedural impropriety (failure to follow fair procedures). Our lawyers have successfully challenged unlawful planning decisions, licensing refusals, and arbitrary government actions.

Constitutional Rights & Fundamental Liberties

The Federal Constitution of Malaysia guarantees fundamental liberties including the right to life and personal liberty, freedom of speech, assembly and association, freedom of religion, rights in respect of education, and protection against discrimination. We advise individuals and organisations whose constitutional rights have been infringed and represent them in court proceedings to enforce and protect these fundamental guarantees.

Administrative Law & Government Decision-Making

We advise businesses and individuals on challenging administrative decisions that affect their rights and interests. This includes decisions relating to planning permissions, development orders, licensing and permits, compulsory land acquisition, immigration matters, and enforcement actions by regulatory bodies. Our team understands the procedural requirements that public authorities must follow and can identify where shortcuts or errors have been made that render a decision unlawful.

Public Interest Litigation

In appropriate cases, we undertake public interest litigation to challenge unlawful government policies or actions that affect the wider community. This includes environmental matters, challenges to unconstitutional legislation, and cases involving the protection of marginalised communities. Our commitment to justice extends beyond individual client matters to the broader public interest.