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Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Another [1996] 1 MLJ 261 was a case heard in the Court of Appeal of Malaysia. The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a senior assistant of a primary school. In ruling in his favour, the Court of Appeal held that Articles 5 and 8 of the Constitution, which protect ...
www .spa .gov .my. The Public Services Commission of Malaysia ( Malay: Suruhanjaya Perkhidmatan Awam Malaysia ), abbreviated SPA or PSC, is established by Article 139 of the Constitution of Malaysia. It is responsible for the general administration of the Public Services of Malaysia's Federal Government. It establishes the rules and regulations ...
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Loh Wai Kong v Government of Malaysia (1979) 2 MLJ 33 was a case heard in the Federal Court of Malaysia. Loh Wai Kong sought a ruling from the courts that Malaysian citizens were entitled to travel overseas as a fundamental right under Article 5 of the Constitution. The Federal Court ruled that no such right existed.
Suruhanjaya Perkhidmatan Pendidikan & Another. The Court of Appeal further ruled that Parliament had not intended to give the East Malaysian states of Sabah and Sarawak untrammeled discretion to cancel entry permits. The Sabah authorities then appealed to the Federal Court. Judgment. The Federal Court quashed the Court of Appeal decision.
Suruhanjaya Perkhidmatan Pendidikan (1996) applied the principle in Maneka Gandhi. In discussing Article 8(1) of the Constitution of Malaysia , the court held that failure to adopt such a principle would result in an "archaic and arcane approach" to the interpretation of Article 8(1).
Suruhanjaya Perkhidmatan Pendidikan (1996). It is unclear, though, if this test will be applied in Singapore due to a dearth of case law on the matter. Over- and under-inclusiveness. Another problem encountered when applying the rational nexus test is that of over- and under-inclusiveness.
Suruhanjaya Perkhidmatan Pendidikan (1996), the appellant had appealed against his wrongful dismissal from employment on the grounds of procedural unfairness. One of the issues brought up was whether an unfair procedure meant that he had been deprived of his constitutional right to life or liberty protected by Article 5(1) of the Malaysian ...