REMEDIES FOR UNLAWFUL

PUBLIC AUTHORITY’S ACTION

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3.1 LEARNING OBJECTIVES

1. Know & recognize the remedies under the administrative law
2. Understand the purpose of each remedy
3. Distinguish which remedy to apply in a situation
4. Determine the requirements of a remedy - "ubi jus ibi remedium"

3.2 INTRODUCTION

• Remedy = to put right or to restore
• (Maxim) Ubi ius ibi remedium = where there is a right, there is a remedy

3.3 TYPES OF REMEDIES

BREACH OF PROCEDURAL REQUIREMENTS

UNLAWFUL ARREST

DELAYED/CONTINUED DETENTION

PREVENTATIVE DETENTION

01

REPETITION OF HEARING

ON BAIL

02

03

04

05

06

1. HABEAS CORPUS SITUATIONS

• Detained for long time period

• Detain without trial

• Charged by court
• Reasonable suspicion for crime

• Rearrested on same guilty charge

• Written permission from court to be out of jail until trial

• Non-compliance with mandatory procedure

2. CERTIORARI SITUATIONS

NON-COMPLIANCE WITH RNJ

ERROR OF LAW

EXCESS JURISDICTION

DECISION BASED ON UNSUPPORTED FACTS

PROCEDURAL DEFECTS

Public authority ultra vires in making subsidiary legislation & exercise discretionary power

Not observe audi alteram partem & nemo judex in causa sua

When tribunal comes to unreasonable conclusion

Court interfere if facts not supported by any evidence

Certiorari granted to mandatory procedure

6. TYPES OF INJUNCTION

TEMPORARY

PERPETUAL

s51(2) once granted, defendant restrained from continuing act, contrary to plaintiff’s rights

s51(1) to maintain status quo pending hearing

THANK YOU