Yesterday, in Malaysiakini - A new dimension of constitutional monarchy?, Param Cumaraswamy did what Perak MB had done, used the words of Lord President Raja Azlan Shah to question the words of Sultan Azlan Shah wakakaka.
Nizar had of course reminded HRH of a passage from the Sultan's own book titled 'Constitutional Monarchy, the Rule of Law and Good Governance' which had been (ironically) given to him by the ruler on his appointment as MB - this calls for another wakakaka.
The passage stated: "Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for the dissolution of the Parliament. His role is purely formal."
But alas, we all know what happened ... despite Zaid Ibrahim (former Law Minister) stating: "Many, including the Bar Council have said that His Highness's decision not to dissolve the Perak legislative assembly although advised to do so by the menteri besar (Mohd Nizar Jamaluddin) is beyond question or in legal parlance non justiciable."
Back to Param who is a former Malaysian Bar president, and has also served as the United Nations Special Rapporteur on the Independence of Judges and Lawyers by the UN Commission on Human Rights from 1994 to 2003.
Param has been worried about HRH's recent statement that "the role of the constitutional monarchy goes beyond what is stipulated in the constitution".
Whoa whoa!
HRH claimed "that rulers have a far wider responsibility ensuring that the spirit of the constitution, the philosophy behind the written law and the interests of the country and the people are safeguarded at all times".
Param believes that’s going a bit too far and termed HRH proposition, probably sarcastically, as a ‘new dimension of constitutional monarchy’ that may have far reaching conseuqences.
Param said: We have in this country nine sultans under nine separate state constitutions and one king under the federal constitution.
Again with respect, if these heads of states begin to interpret their powers, rights, discretions and privileges under their respective constitutions in accordance with the ‘spirit of' and ‘philosophy' behind the constitutional provisions and framework, what becomes of any certainty in the constitutions?
Again with respect, how could rationality, reasonableness and consistency of the decisions on interpretations be secured?
In that event the independent judicial review of such decisions will be inevitable.
The institution of the monarchy may fall under the purview of the courts.
Then Param pounced on Chief Justice (wakakaka) Azlan Shah's judgment of the Federal Court in 1979 re: Sri Lempah.
The then CJ said, inter alia:
"Every legal power must have legal limits otherwise there is dictatorship. In particular it is a stringent requirement that a discretion should be exercised for a proper purpose, and that it should not be exercised unreasonably.”
"In other words, every discretion cannot be free from legal restraint; where it is wrongly exercised, it becomes the duty of the courts to intervene."
I think highly respected (former) Judge NH Chan’s succinct words, which I blogged in All that is Silver does not glitter, would be very apt in describing HRH’s proposition "... the role of the constitutional monarchy goes beyond what is stipulated in the constitution ..."
No, not a ‘bridge too far’ ….
… but 'This is no more than a pretended show of power when, in fact, there is no such power.'
"HRH claimed that rulers have a far wider responsibility ensuring that the spirit of the constitution, the philosophy behind the written law and the interests of the country and the people are safeguarded at all times."
ReplyDeleteThat's mean when it suits HRH he can sack the MB and change the State Govt? There, right there, you have the gem of a contradiction!
The interests of the PEOPLE. Constitutional Democracy means that when in doubt (in a marginal situation like in Perak) you have to heed the incumbent MB and Speaker's calls for a dssolution of the State Assembly and pave the way for FRESH ELECTIONS!
There is no other objective way HRH, ensconced in the comfort of ivory towers, can possibly know what the PEOPLE want short of interviewing each and every State citizen.
No way can a State Govt have 2 MB's and that is a situation of your very own creation!
OBJECTIVE DECISION MAKING WAY? CALL THE DAMN FRESH ELECTIONS, HRH!! http://donplaypuks.blogspot.com
reminds me of black tom lord strafford words - "Put not your trust in princes ...
ReplyDeletehowever, it can be argued - the king can do no wrong....
Sometimes listening to the Pakatan folks and their cheerleaders, I feel we have two sets of parallel justice systems and moral standards. One is for all of us while the 2nd one just for Pakatan folks.
ReplyDeleteLet's look at the facts without our politics cloud our judgement. The HRH Sultan was a highly respected and impartial CJ. That shows that he knows about law and constituition more than half wits and retards like Nga & Ngeh.
Look at the chronology of events. First the ADUNs defect and declare their loyalty to BN. This then make the Ali Baba govt of Nizar collapse. As a last ditch effort, Nizar sees the HRH Sultan to ask for the dissolution of the assembly.
The HRH Sultan considers the situation and then decides not to accept this request since the BN has the clear majority. He knows that calling for an election is unncessary and decides to allow Zamby to be the new MB.
The question of accepting people's wishes does not arise as the ADUNs stood under their own parties' banners since Pakatan did not exist before the 12GE.
Also granting the party with clear majority the right to form the government without resorting to an election is common elsewhere, it is just that never happened to Malaysia as such cases are rare.
"....as the ADUNs stood under their own parties' banners since Pakatan did not exist before the 12GE" - comment by killer.
ReplyDeleteUntil today, the fact remains. Pakatan Rakyat still does not exist, fomally and legally. It is still three individual parties.
The previous government of Perak was a just coalition with a majority of three seats over BN's. A marginal situation then, and still is now.
Why is it too hard to accept that the Perak 'pr' government collapsed because they lost the majority?
Also granting the party with clear majority the right to form the government without resorting to an election is common elsewhere .
ReplyDeleteIt's a minority government as what is in Israel right now . Can Malaysians accept a minority govt ? Or for that matter when at one time PAS in Kelantan had only a one seat majority . Any katak would have resulted in a hung state government .
And for that piece on having two sets of parallel justice systems and moral standards. One is for all of us while the 2nd one just for Pakatan folks.
When any BN leaders makes a statement it's twisted spinned to suit their purpose in the alternative blogs . But when their Facatan Rasuah leaders do something not right , there's a blanket of secrecy impose such that you see nothing in the alternative media .
Btw
ReplyDeleteWE have enough of politiking and By elections which is not necessary and now someone talking like Mahathir calling to dissolve the Perak Govt and asking for fresh elections .
You keep harping on this quote to support your contention that Perak Assembly should be dissolved by the Sultan. The same quote can also explain why the Sultan acted differently.
ReplyDelete"UNDER NORMAL CIRCUMSTANCES, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for the dissolution of the Parliament. His role is purely formal."
I think everyone would agree that what happened in Perak is NOT NORMAL!!! Thus, the Sultan need not act the same way and in his discretion, can withhold his consent to dissolved the Assembly.
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ReplyDeletedonplaypuks®
ReplyDeleteWhy keep on harping on this issue ? Nothing is going to change , save your voice and energy . HRH has done what he thinks is right , and its his right whether right or wrong .
And since when does HRH needs to CALL THE DAMN FRESH ELECTIONS, HRH!? Isn't he above politics ? That HRH does not interfere in the political process ? If he can CALL THE DAMN FRESH ELECTIONS he might as well sack all the dissenting politicians , that will be easier .
We live in trying times , don't make things worse , we are SICK OF BY ELECTIONS AND FRESH ELECTIONS , If you want fresh elections wait for the next GE in three years time . What's the hurry .
KT
ReplyDeleteIntereting piece on the Supreme Snake Oil Salesman's tactics for his ill-fated 916 sandiwara.
I didnt paste the whole article as it is too long, just the key parts. But you can read the whole story at the link given below.
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Ketua Pembangkang Datuk Seri Anwar Ibrahim pernah meminta beberapa ahli parlimen Barisan Nasional menandatangani surat untuk memberikan persetujuan kepada beliau menjadi Perdana Menteri Malaysia yang ke enam pada 16 September 2008 yang lalu. Surat tersebut ditujukan kepada SPB Yang Di Pertuan Agong.
Demikian didedahkan oleh ahli parlimen Batu Pahat yang terpilih sebagai Ahli Majlis Kerja Tertinggi UMNO dan Timbalan Menteri Pelajaran, Dr. Puad Zarkashi dalam program Sembang petang “UMNO Dalam cabaran” anjuran UMNO Bahagian Gombak di Dewan Cempaka, Kelab Darul Ehsan petang tadi (19 April 2009) mulai jam 2.45 petang.
Menurut Dr. Puad, beliau telah menerima panggilan telefon daripada rakan Anwar Ibrahim, Dr. Abdul Rahim Ghaus, seorang ahli perniagaan pada 20 September jam 2 pagi tahun lalu yang menyatakan beliau ingin berjumpa dan berbincang mengenai pembentukan kerajaan pembangkang yang baru.
Dr. Puad bersetuju berjumpa dengan Dr. Abd Rahim yang kemudiannya merayu dan menunjukkan surat yang ditujukan kepada SPB Yang di-Pertuan Agong bagi mendapatkan persetujuan melantik DS Anwar Ibrahim sebagai Perdana Menteri yang baru menggantikan Dato Seri Abdullah Ahmad Badawi yang dikatakan telah hilang sokongan.
Untuk meyakinkan lagi, Dr. Abdul Rahim telah menelefon Anwar Ibrahim untuk bercakap dan meyakinkan beliau. Menurut Dr. Puad, Anwar Ibrahim telah menyatakan bahawa “ Pak Lah is no longer in command..”
Beliau merayu agar Dr. Puad menandatangani surat tersebut tanpa perlu keluar daripada Barisan Nasional. Anwar berjanji akan merahsiakan tandatangan beliau. Ia hanyalah untuk tatapan SPB Yang Di Pertuan Agong, tambahnya lagi.
“I need more Malay MPs like you ”, tambah Anwar lagi. “ And we already have enough numbers to form new government ,” kata Anwar cuba meyakinkan lagi.
Anwar cuba meyakinkan Dr. Puad dengan menyatakan bahawa empat Sultan telah menyatakan sokongan, termasuk SPB Yang Di Pertuan Agong.
http://www.agendadaily.com/cmspreview/content.jsp?id=com.tms.cms.article.Article_1b63fcca-cabec5bb-154de0b0-d08a5a1a
I've deleted a few posts on an issue that's without foundation - though one anon started it, the posts of the 'defenders' have to be deleted too to remove from my blog any mention of that issue.
ReplyDeleteI like to remind visitors to observe a modicum of correctness here and not make wild accusations against any person, not even against my good 'friend' Anwar Ibrahim wakakaka. Indeed I have deleted a few salacious comments about AI that's not supportable by evidence, in the same way I will not permit any accusations based on hatred, suspicion, recklessness and guttersnipe politics.
KT
ReplyDeleteHope you can delete it early rather than after our comments .
Chaptemoc
ReplyDeleteIf we should all stop saying our piece because 'nothing is hoing to vhange', then all bloggers might as well close shop today.
Hope springs eternal in the human breast. Even Emperors and benevolent dictators have admitted making mistakes.
So, never say die!
dpp
Hmmmm, some "smart" commenter keep evading the MOST CRUCIAL fact with rubbish to reject election.
ReplyDeletePerhaps some "interested parties" to cohort the media or failure on independent though. Well, the red pill will not save you, if anyone recall that in Matrix movie, some people choose to "reconnect" back to the matrix.
The system of separation of power is implement 100 years ago before the country of Malaysia come into existence.
It is not perfect, but is the best system to protect the LIFE of every parties.
All the jokers that talk about "too much by election", refuse to face the truth of violent dictatorship rules.
If any of your BN supporter REFUSE to read history, than let me remind you. In the history, China alone, more than 200 emperor or making are death violently. When change of power happens, all related people that lost power are MASSACRE. If those are too far away, let talk about French revolution : King beheaded in the revolution.
It is NOT LUCK that British monarch able to avoid the gruesome fate : it is the system that protect them from doing STUPID things, thus prevent the violent revolution.
Oh wait, some of you may not even know what happens to your next generation.