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Is Sultan Azlan right about our constitutional monarchy? PDF Print
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Tuesday, 21 April 2009 16:37

“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."

By Param Cumarasamy, Suara Keadilan

Sultan of Perak Sultan Azlan Shah has expressed his displeasure in no uncertain terms over comments and criticisms expressed by various quarters on the actions he took on Feb 5 over the removal of Mohammad Nizar Jamaluddin as the Perak Menteri Besar and the appointment of Zambry Abd Kadir in his place.

While Sultan Azlan Shah’s remarks are understandable, there is however one matter which is of concern.

That being his exposition, as reported in the media, that “the role of the constitutional monarchy goes beyond what is stipulated in the constitution”.

And also (of the sultan saying) “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”.

With respect, this new dimension of constitutional monarchy maybe seen as far reaching.

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.

In this regard Sultan Azlan Shah’s own words in the judgment of the Federal Court in 1979 when he was acting Chief Justice (Malaya) re: Sri Lempah is noteworthy.

He 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.”

[The author is a former UN Special Rapporteur on the Independence of Judges and Lawyers and a past president of the Malaysian Bar Council]

Comments (27)Add Comment
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written by tkahyap, April 21, 2009 16:45:48
a constitutional monarchy is a monarchy within the limits imposed by the constitution. Without this limit, the monarchy becomes a law onto itself. It can then set its own limit beyond what is allowed under the constitution, paving the say for abuse.

Remember that in Islam, we are all mere humans and we all make mistakes. To bestow such far reaching and unlimited power on an individual is a mistake we must not make.
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written by SamSan, April 21, 2009 16:58:22
Only Allah Almighty is omnipotent, omnipresent and most importantly omiscience. We all human beings including the Sultans, the AMENO leaders and the AMENO Ulamas and Insitutions are fallible to mistakes and human errors in judgement in all respects of our life. So our Constitution should be that which reflects and falls under the ambit of the key tenets of Islam.
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written by ibabonma, April 21, 2009 16:58:42
What had been said by him in his judgment occurred before Gamuda Garuda was flying high!
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written by sisa, April 21, 2009 17:06:59
Memory now days is very selective. We tend to say what suits us best and expect people to respect us the same - just because we have the power. You can forget - others don.
You can insist on respect - no one will give you that thou you can interprete wrong in many angle expect others to view and understand.
Truth is so simple - needs no convincing. Memory is very selctive in understanding this.
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written by krising1, April 21, 2009 17:07:19
A great legal legacy is going to bite the dust! A great judge. A poor sultan!
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written by savemalaysia, April 21, 2009 17:10:00
To topple a legitimate government in a private meeting room at the Perak palace is the most sinful act and not even permitted by the Almighty God!!
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written by ahmadneil, April 21, 2009 17:12:34
He was once a chief justice and he knows too well what is right and what is not right.If he thinks his choice of gov't is his subject's choice as well, then he is dead wrong.
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written by wongnoball, April 21, 2009 17:13:40
Many people had HIGH hopes when Sultan UMNO zero was Agong during Tun Dr. Munafik Reign....I had my doubts then, Last month I got Comfirmation this Sultan UMNO-zero is really also Munafik. So what all those years of experience and judgement....Allah/God will Judge you the same way you exercise your power in the State of Perak. Zero punishment will no doubt be greater if found Wanting. Rakyat All Over Malaysia saw the Munafik comfirmation. Now your source of income from lecture with Raja UMNO-Zero also depleted. You may wear golden shoes and attire, your palace adorn with gold But we the Rakyat of Malaysia want no part of your riches. Give us back the Election that belong to the rakyat or face the Curse of 7 generation like Mashuri!! Perak will never Prosper!! or will you meet your make sooner than anticipated!!?? We rakyat Malaysia Hope so to All UMNO gang of EVIL Doers!!
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written by KingSolomon, April 21, 2009 17:16:24
Mr Param Cumarasamy has my utmost respect for pointing out the fallacy. The white-hair is desirous of elevating himself above the federal constitution and bestowing new imaginary powers unto himself.

How to expect the subjects to respect a ruler who stoops so low and misdirects himself away from his very own teachings? We are looking at a desperate man digging his own grave.
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written by KingSolomon, April 21, 2009 17:22:24
The truth is most, if not all, the rulers of Superland are fearful of PR forming the govt. With PR's push for good governance, transparency and justice, they worry that their feeding will surely be restricted and even be made public. So there is nothing to gain for doing the right thing.
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written by mountainking, April 21, 2009 17:38:43
will the sultan listen? he thinks he is the greatest person and smartest person in malaysia.

will they do wrong? of course, ask them to swear before Allah that they haven't done wrong before.

don't put hopes in rulers, at the end of the day, we are the one who is going to be disappointed. look at history, during the feudal systems, were the farmers treated fairly. have human beings changed since then? no. so when one has power they don't have to follow constitution. they are constitution, they are law, they are judge, they are prosecutors.

constitution in malaysia in its context is used by UMNO and rulers to control the rakyat, is not meant to be a rule of law for everyone to abide. i really wonder whether the supporters of BN can see TRUTH? can't they tell between BLACK and WHITE?
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written by tuankujuki, April 21, 2009 17:40:34
when azlan said that "the rulers are above politics", I think what he actually meant was "the rulers are above the law".
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written by mikefonz, April 21, 2009 18:08:31
He was once a gomen, Will always be a gomen.
Money is always the root to all Evil.
You can see now .. Najib is PM.
M is back. Money is flowing.
Malaysia is going backward.
Not developing but as a 3rd world country.
Democratic? My toe's laughing.


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written by KKchan, April 21, 2009 18:24:07
There really is no point him at all. He doesn't believed what he said previously. I do not subscribe to an activist constitutional monarchy. We saw that in Perlis, terengganu and now Perak. Soon they will all believe and act like they know best. For me, it is the people first and last.
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written by JohnQ, April 21, 2009 18:33:40
" Ya ya... ok ok since you came down so LOW to roundp the excuses and reasons.,,,,, I have to accept it with my FOOT." smilies/wink.gif smilies/wink.gif smilies/wink.gif
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written by chanatak, April 21, 2009 19:02:44
He 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.”


But that was said in the days before money and family privilege came into the picture

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written by fireduck, April 21, 2009 19:31:29
We can accept the Sultan's 'wider responsibilities' if he and the other Sultans first act to haul up Mahathir's azz for trampling on their turf back in the 90's, and decimating their 'powers' to one of symbolism. Do that. Show us your responsibility in 'the interests of the nation and the people'.

Otherwise, this new 'proclamation' is seen as just trying to bully of the rakyat yet again.
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written by Sudahlah tu, April 21, 2009 21:21:53
kalau sudah biasa tipu ...apa lagi yang bernilai dalam hidup insan Allah ..
kalau tamak menjadi pedoman diri ..apa lagi yang ada pada hati manusia itu ...
biasalah tu ... manusia selalu akan melakukan kesilapan yang lebih besar demi menutup kesilapan kecil mereka kerana takut malu ....
sebodoh itulah ..kita semua ...
Ajaran Allah tetap suci dan menjawab kebenaran kehidupan ..
cuma kita yang selalu mencabar kekuatan Allah dan menyalahkan orang lain sahaja ..
sebodoh itulah ..kita semua ..
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written by Eskay Lim, April 21, 2009 21:30:28
And to hatch a "coup" with the connivance of the state ruler is most sinful.
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written by onnetline, April 21, 2009 21:34:20
ALLAH AlMighty will bear witness to all misdeeds and corrupted acts in this ongoing episode here in Perak ! !



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written by onnetline, April 21, 2009 21:42:54
Sultan Azlan Shah,

Do you have a real need to cause undue dissatisfaction among your state people ?

They fair wishes need to be respected before they can extend the same, right ? ?
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written by Taiping60, April 21, 2009 23:15:13
In due respect,

Whatever power given to the Parliment, Executives, Judiciary and the Rulers to safeguard the interest of all Malaysian.

Are you doing that? Said it out loud to God you have did that.
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written by JohnQ, April 21, 2009 23:45:52
Dear YM RPK,

What do you call a ruler that can bend ???

I m cracking my head, sigH !!!!!!

Oh, yes , it's a measuring tape, right ? smilies/wink.gif smilies/wink.gif smilies/wink.gif
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written by Tok Din, April 21, 2009 23:46:14
With due respect, if the Sultan of Perak is displeased with the comments and criticisms about the decision he made on Feb 5, why not explain his decision to his subjects who are not unreasonable, irrational or unschooled? Or is His Majesty afraid to expose his rationale and basis of his decision for public scrutiny. Yes Tuanku is above politics, but not above natural law.
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written by Proarte, April 22, 2009 07:37:53
Sultan Azlan Shah must realise that he is a constitutional monarch. The power he has has been granted to him by the constitution, no more no less. They do not have power per se. Royals have to abide by the constitution like every other citizen.

Our Royals are a British invention. Raja Azlan should know that the Sultan of Perak who challenged the British in the 19th century was banished from Malaya to Seychelles. A 'replacement' Royal was found and Azlan Shah belong to this lineage.

The question we should ask is why Azlan Shah thinks he has a God given right to lord over us beyond his constitutional remit? Why should the Rakyat give respect to an institution which is a British invention in order to ' control' the Malays so that they could exploit the land for the benefit of the British Crown?

Staggering as it may seem, Malaya contributed more than 30% of the British government earnings in the late 19th and early 20th century. They could not afford to have native unrest and this was where the invention of Royalty played a significant role in giving legitimacy to British colonisation. The British were the 'power behind the throne'. Look, they even banished the Sultan of Selangor to Cocos Island in the 1940s. So what power, authority and dignity did the Royals have when only those who played ball with the colonial masters we allowed to 'rule' over the Malays and be 'defenders of Islam'.

The British were well aware that Islamic leaders were a force of resistance in its colonial outposts; the Afghan and Sudanese experience made them aware that Islam and its adherents had to be 'contained' and this where the 'Royals' came into play. But we know their real power was just a sham. If a lowly functionary in the Lake Club in KL could refuse entry to the Sultan of Selangor who wanted to use the facilites, this surely is a measure of the level of respect which the British had for our 'Royals', they were just useful puppets and nothing more. They had no choice in the matter otherwise they were given the boot.

There was no serious uprising when Royals were banished, as long as the power equation in the feudal structure was not affected, the Malays were not particularly bothered. To cut a long story short, Malay Royals were a tool to facilitate the exploitation of the land by the British. Mass immigration of Chinese and Indians was encouraged without so much as a whimper of protest because there was a 'Royal' seal of approval.

The point of the above is to reject Azlan Shah's contention that Royals have a power beyond the constitution. This is utter rubbish coming from a man who hails from a lineage which sold the Malay soul to the colonials. His prestige comes not from the people but from the colonial exploiters. We the Rakyat don't need any lectures from him about his 'extra-constitutional' role. He has NONE.
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written by ROBERTNGTG, April 22, 2009 12:18:46
Is Sultan Azlan right about our constitutional monarchy

AND WE ARE NOBODY TO EVEN QUESTION, DOUBT OR COMMENT IF WE WANT
TO LIVE IN THIS COUNTRY.
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written by gycgocnt, April 22, 2009 14:09:03
Please don't treat me as insult of Sultan after u read this.

People voted for a change last year, change of the government from BN to PR, change from the Elite's Policy to People's Policy, change of the high-handedness to democratic and so on..

But everything change in a night after the Sultan (Which claim to be middle-ground, people orientated, high personality) decided to stay behind a people's REJECTED government!

As an ordinary citizen in Malaysia, I would like to ask all Sultan in Malaysia, are Sultan above politics or Sultan above its citizen’s voice. If Sultan is really above citizen’s voice, we are not necessary to cast our vote for political parties. Why should we waste time and money for General Election or By Election? And why should we vote for our future if our future is depends on a single word come out from Judges or Sultan’s mouth?

Maybe we should vote for Sultan and Judges in the near future and pass all the so-called governmental ministry to Sultan. And maybe the returning of Dynasty would be the best method to solve all the constitutional crisis in Perak.
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