Read the Constitution Properly!
One of the things that rarely fails to frustrate me is what happens when people are lazy to read things properly, to read things in context.
Even more annoying is when the situation in question concerns a statement or document of supreme importance. And to Malaysians, little can be more important than our Constitution.
It is extremely dangerous to misunderstand the Constitution. We have had enough constitutional crises without faulty understandings thrown in.
Most of these problems can simply be avoided by properly reading the Constitution. The Constitution explicitly and expressly defines and uses certain terms in a different way than we normally would use them, and to ignore this is to ignore the Constitution altogether.
A lot of people seem to believe that in Malaysia, the King has the powers the sultans of old had; that although we are a constitutional monarchy, we are governed by virtually absolute monarchs.
The rationale for this lies in the belief that because the Yang di-Pertuan Agong is "advised" by the Prime Minister, he has no obligation to follow said advice — that is, after all, how we ordinarily use the word.
Article 40A(1) of the Constitution, however, makes it perfectly clear that this advice must always be followed, except for those exceptions provided for by the Constitution.
This means that the King does wield substantial power; he decides who is Prime Minister, and has a major role to play in some constitutional amendments and also the calling of elections.
However, the King has no constitutional right to launch a military coup, or to unilaterally intervene in the political sphere, disregarding the advice of the Cabinet.
Sure, he is the head of our armed forces. But as always, in carrying out this role, he must follow the advice of the Cabinet — he is constitutionally bound to do so.
Our King thus does not truly receive advice; he receives instructions. The only reason we do not call those instructions is because we are keeping up with the pretentious tradition that the King, and not the government elected by the people, governs the country.
So would I support amending the Constitution to make this clear? I don't think it would hurt, though I suspect a lot of monarchists would protest.
The Agong's and rulers' roles have nothing to do with the political sphere, have nothing to do with being involved in politics outside the roles provided for them in the Constitution.
Their role is to serve as symbols of the nation, to advocate for the nation, and not for any party or group. The rulers are the servants of the people; the power to change lies with us, and not with them. To read the Constitution as something other than this on the basis of common sense language is to suggest that the earth is flat. If we disregard relevant information, we do so at our own risk.
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silhouette
Member Posts: 3 IP Logged | Posted at 7:44:30 pm Sep 23, 2007
John, You are absolutely right. The word instruction is really disguised as an advice. That is the Malay way of being corteous. Come what may, the constitution will always be interpreted the way the people in power wants it to be. Like it or not all the voices that count will speak in sync with them. Who is there to interprete it the way we perceive? To revise the constitution is something beyond us to do. We may have to change the government first before any such things can be done. It may take another 50 years for that to happen. |
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petyew
Member Posts: 4 IP Logged | Posted at 3:56:20 am Sep 24, 2007
OK John, I have not read the Constitutions thoroughly but through the various outcries it seemed there has been much disagreement over the way some judges, government leaders and politicians interpreted the Constitutions. And now you raised the interesting but highly pertinent question of where the King stands in terms of his authority and limitations provided by the Constitutions. We have the issue of Islamic state that certain leaders claimed that we are. However, the Constitution never state that we are. Can the King has the right to intervene and set the record straight? Has he not the authority to stabilize the way a segment of the population has gone ahead to usurp the right to interprete our laws? Secondly, if the King has information that corruption is indeed eating into the government and therefore compromising the rakyat, can he not wield his constitutional power to remove the present government and call for a new election? It may create some confusion or destabilize the national economy somewhat but shouldn't steps be taken early to correct a serious wrong rather than have a wait and see approach? I believe the King holds the key to saving the nation from serious wrongs and help restore harmony among the races where some politicians have caused the opposite to take place by their unhelpful utterances. |
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johnleemk
Infernally Rambling Thoughtless Mind Head Administrator Posts: 949 IP Logged | Posted at 1:16:20 am Sep 25, 2007
The term "advice" is actually inherited from the British Westminster system. It's not specific to Malaysia. The King has no constitutional right to intervene politically or to publicly contradict the policies of the government. (Likewise, he may not publicly support a government policy.) To do so would cause a constitutional crisis. Interpreting the Constitution, especially on issues such as the theocratic nature of the country (or lack thereof), is the prerogative of the judiciary. The King also has no constitutional right to fire the current government. If the current government calls an election, he has the right to refuse to call an election. That's basically all he can do in the political process, for the most part. This country belongs to the rakyat, not to the King. If the people want a corrupt government in power, we shouldn't be blaming the King for that corrupt government staying in place, which is what we are doing if we beg him to extra-constitutionally intervene. |
