Wednesday 27 August 2014

Constitutional monarch shouldn't meddle in politics



 YOURSAY ‘That will be perceived as challenging the people's right to decide.’
 
Khalid resigns as Selangor MB, no snap polls

Kim Quek: It is the fundamental principle of constitutional monarchy that the power to rule is vested in the people, not in the monarch.                           
 
 Inherent in that power is the right of the political party, which is chosen by the electorate to rule, to determine its leader to head the government.
 
 A constitutional monarch should never meddle in politics, for that would be perceived as challenging the people's right to decide, thus breaching the fundamental compact between the monarch and the people, as defined in the country's constitution.
 
 In the case of Selangor, the constitution states that the sultan shall appoint a member from the state legislative assembly "who in his judgement is likely to command the confidence of the majority of members of the state assembly".
 
 And since the ruling coalition Pakatan Rakyat, which enjoys a majority of 43 against 13 in the state assembly, has nominated Wan Azizah, whose majority support is unquestioned, the sultan should simply appoint her as such.
 
 Asking for multiple nominees for the sultan to pick and choose is clearly out of the realm of the constitution, and may be perceived as an attempt to interfere in the political decision-making process of the ruling party.
 
 Pakatan should not concede to such a request to avoid opening the floodgate of palace interference into politics - a situation that may plunge the country into endless constitutional crises.
 
Pemerhati: In a parliamentary democracy, which Malaysia claims to be, the menteri besar should be the choice of the people. Since a majority of the elected representatives want Azizah to be the MB, then she should become the MB.
 
 Under the constitution, the sultan has no choice but to appoint Wan Azizah as the MB, unless he can give strong reasons that are stipulated in the constitution for rejecting her.

 The sultan has no right to choose the MB and he would be acting unconstitutionally if he insists on choosing an MB from a list of names.
 
 If in the past there was such a practice, then it was wrong and a mistake and that mistake should not be repeated.
 
Aries46: Whatever arguments put forward in the debate of constitutional monarchy or absolute monarchy or whatever, the sultan seems to hold the trump card.
 
 Going by the state constitution, Wan Azizah is the people's choice and has the majority support in the state assembly. I presume this has been conveyed to the sultan in her repeated request for an audience.
 
 If in spite of this, Tuanku still requests for more than two names, it only goes to signify that His Royal Highness (HRH) has, rightly or wrongly, taken it upon himself to have the final say.
 
 Pakatan needs to consider carefully its precarious position, what more with a wishy-washy ally like PAS that is liable to turn the tables at any moment. No doubt to PKR, it is a matter of principle and pride, but at what cost?
 
 However, in all fairness, HRH must grant Wan Azizah's request for an audience, at least for the rakyat to understand what exactly is in the Tuanku's mind on this crucial issue.
 
Adam Ningau: If the sultan is allowed to pick, then why waste time to submit names? Just ask Tuanku who he wants among the state representatives.
 
 Indeed, the floodgates have been opened. Our sultans, one after another, want to have more say in the appointment of public office holders. Their roles are no longer symbolic. This will result in a more complicated political landscape in future.
 
Pakatan-Ku: Lots of commentators here do not understand the word "discretion". The sultan has the right to ask for more than two names. Someone wrote why after 2008 GE12, the sultan accepted only one nomination.
 
 The answer is simple. The sultan was at that time had confidence in Khalid as MB. This time he has already shown that he has no confidence in only one name and wants to have a choice. Pakatan has to put its act together and clean up the mess it has created.
 
BeeC: Tuanku has also asked for more than two candidates in 2008 and 2013. However, Pakatan has just named one candidate (Khalid Ibrahim) and had no problem to have the candidate accepted by Tuanku.
 
 So, it's only a convention for Tuanku to ask for more than one candidate. Conventionally, it's not a 'must' request.
          
Wg321: I hope Malaysiakini would ask the opinion of former prime minister Dr Mahathir Mohamad on this matter. This is because BN faced the same problems with other sultans before.
 
 Is it constitutional for the sultan to ask for two names or more? Who chooses the MB? Is it the rakyat or the sultan ultimately? Can the sultan overrule the rakyat's choice of candidate?
 
 It would be very interesting to hear what Mahathir has to say.
 
Kang Kong King: By convention, it has to be more than two names? When Khalid Ibrahim was proposed, were two names given?
 
 When Mohamad Khir Toyo was proposed, were two names given? When Muhammad Muhammad Taib was proposed, were two names given? I don't remember hearing this before.

Maplesyrup: When the current PM was appointed, I wonder, besides Najib Abdul Razak's name, what other names were presented to the Yang di-Pertuan Agong? Is this a precedent?
 
 Malaysians want democracy and we have to overcome gerrymandering, unfair practices, abuse of federal funds, etc. Now we have to add one more item to the list.
 
 I just remembered the last time the palace rejected a candidate. It was in Perak, during Pakatan's rule. Is it coincidence that the path to rule for Pakatan is different from BN?
 
CQ Muar: At the end of the day, political parties elected by the rakyat no longer have any more say.
 
 Whatever hopes and aspirations voters might have from representing parties would just fizzle out - as the ruler wields the absolute power to overide, decide and appoint based on HRH's preference. Probably, in this case, based on 'convention'. Call this democracy?
 
Single Malt: The sultan is perhaps reluctant to consider Wan Azizah because he doesn't want his MB to have her spouse in jail. It may be embarrassing for him.
 
 From this, it is crystal clear that Anwar Ibrahim is going to be put behind bars following the Federal Court review in October.
 
Rick Teo: This is all a ‘sandiwara’ (an act). I can tell you clearly what the whole intent is. The intent is to appoint a member from PAS to be the next MB.
 
 It's all been decided by the secret meeting between PAS and palace. That's why PAS doesn't want to commit to Wan Azizah.
 
 And when PAS takes over, Selangor will be handed back to BN within one term because they will start to introduce all the Taliban laws. Just you watch.
 
Inquirer: Be very careful. You may retain Selangor without PAS, but Pakatan without PAS federally may give BN their two-thirds majority in Parliament.
                                              
 That may well be the end game, especially if a few of its MPs can be put away by other means. Be very careful.