Disrespectful to claim decree on military drills unconstitutional, says expert
Wan Ahmad Fauzi Wan Husain of IIUM says the Pahang crown prince’s critics fail to understand his constitutional role
On May 24, The Tengku Mahkota of Pahang, Tengku Hassanal Ibrahim Alam Shah, ordered the armed forces to obtain prior consent from the Sultan of Pahang before conducting any military training and exercises in the state. (Bernama pic)
PETALING JAYA: The concerns expressed by the Tengku Mahkota of Pahang, Tengku Hassanal Ibrahim Alam Shah, about the armed forces’ planned training activities near the state’s islands are valid and must be respected, says a constitutional expert.
Wan Ahmad Fauzi Wan Husain, of International Islamic University Malaysia (IIUM), said it was disrespectful to claim, as some had, that Tengku Hassanal’s decree was unconstitutional.
He said such claims reflected a misunderstanding of the crown prince’s constitutional role.
“As the Tengku Mahkota of Pahang, the crown prince can be entrusted with certain responsibilities by the ruling sultan, as provided for under the laws of the constitution of Pahang,” he said.
“In the context of his decree, the crown prince was referring to governance procedures that must be followed for military training activities within the Pahang sultanate’s territory,” Utusan Malaysia reported him as saying today.
On May 24, Tengku Hassanal ordered the armed forces to seek and obtain prior consent from the Sultan of Pahang before conducting any military training and exercises in the state.
He raised concerns over planned military training activities near Pahang’s islands, saying they could affect the ecosystem, flora and fauna.
He said that while he does not object to military training, it must be conducted in a “controlled and responsible manner and in harmony with the environment and all parties”.
Wan Ahmad Fauzi said the decree reflected the royal institution’s concern for conserving Pahang’s ecosystem, including its flora and fauna.
He said the crown prince’s critics must differentiate between military actions within the ambit of the federation’s security and defence, and military training activities.
He said that although matters of security, defence and the military fall under the federation’s jurisdiction, as provided for in List I (Federal List) of the Ninth Schedule of the Federal Constitution, this does not mean state rights can be set aside.
“All parties must remember that the crown prince’s powers are entrusted to him by the state ruler for the benefit of the state. State sovereignty must be understood in line with the federal nature of Malaysia,” he said.
Wan Ahmad Fauzi said no one would question the armed forces’ actions if they constituted an immediate response to an emergency or external threats, pointing out that this was not the case here.
He likened the military’s planned activities to police action, saying it was constitutional for police to break into a private home based on “reasonable suspicion from credible information about criminal activities”.
“Conversely, it would be wrong and unconstitutional for police to break down the door of a private home for training purposes.
“There are more harmonious ways to carry out training activities, and the Tengku Mahkota of Pahang’s decree demonstrates wisdom in managing relations between the federation and the states,” he said.
Wan Ahmad Fauzi Wan Husain, of International Islamic University Malaysia (IIUM), said it was disrespectful to claim, as some had, that Tengku Hassanal’s decree was unconstitutional.
He said such claims reflected a misunderstanding of the crown prince’s constitutional role.
“As the Tengku Mahkota of Pahang, the crown prince can be entrusted with certain responsibilities by the ruling sultan, as provided for under the laws of the constitution of Pahang,” he said.
“In the context of his decree, the crown prince was referring to governance procedures that must be followed for military training activities within the Pahang sultanate’s territory,” Utusan Malaysia reported him as saying today.
On May 24, Tengku Hassanal ordered the armed forces to seek and obtain prior consent from the Sultan of Pahang before conducting any military training and exercises in the state.
He raised concerns over planned military training activities near Pahang’s islands, saying they could affect the ecosystem, flora and fauna.
He said that while he does not object to military training, it must be conducted in a “controlled and responsible manner and in harmony with the environment and all parties”.
Wan Ahmad Fauzi said the decree reflected the royal institution’s concern for conserving Pahang’s ecosystem, including its flora and fauna.
He said the crown prince’s critics must differentiate between military actions within the ambit of the federation’s security and defence, and military training activities.
He said that although matters of security, defence and the military fall under the federation’s jurisdiction, as provided for in List I (Federal List) of the Ninth Schedule of the Federal Constitution, this does not mean state rights can be set aside.
“All parties must remember that the crown prince’s powers are entrusted to him by the state ruler for the benefit of the state. State sovereignty must be understood in line with the federal nature of Malaysia,” he said.
Wan Ahmad Fauzi said no one would question the armed forces’ actions if they constituted an immediate response to an emergency or external threats, pointing out that this was not the case here.
He likened the military’s planned activities to police action, saying it was constitutional for police to break into a private home based on “reasonable suspicion from credible information about criminal activities”.
“Conversely, it would be wrong and unconstitutional for police to break down the door of a private home for training purposes.
“There are more harmonious ways to carry out training activities, and the Tengku Mahkota of Pahang’s decree demonstrates wisdom in managing relations between the federation and the states,” he said.
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