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King s powers and the Constitution

Is the Article 150 power to declare or revoke an Emergency or to set up a National Operations Council as in 1969 a discretionary or a non-discretionary function? OUR Constitution has invested the Yang di-Pertuan Agong with vast powers and functions in the executive, legislative and judicial fields and in relation to Islam. A computer check indicates that the words “Yang di-Pertuan Agong” occur in the Federal Constitution 274 times! If all of these 274 mentions indicate the existence of discretionary powers, then His Majesty is obviously an absolute and not a constitutional monarch. It is submitted that the proper approach to constitutional interpretation is that no provision conferring power and function on the King should be interpreted literally or in isolation but must be read in the light of Articles 40(1) and 40(1A), which require His Majesty to act on advice.

King s emergency declaration constitutional but can be challenged if there is evidence of bad faith, says Sri Ram

KUALA LUMPUR (Jan 13): Malaysia’s emergency declaration by Yang di-Pertuan Agong Al-Sultan Abdullah Ri ayatuddin Al-Mustafa Billah Shah is constitutional as the government said the move is needed due to the Covid-19 pandemic and flood situation, and because the facts relied upon by the government fall within the ambit of Article 150 of the Federal Constitution, said former Federal Court judge Datuk Seri Gopal Sri Ram. Sri Ram, however, said the King’s emergency declaration can be challenged if anyone had cogent evidence that the declaration was done in bad faith or for a collateral purpose. “It is not possible or advisable to call for fresh elections now given the national disasters (Covid-19 and the flood situation). 

A Dayak to lead Sarawak PH into 12th state election

A Dayak to lead Sarawak PH into 12th state election
freemalaysiatoday.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from freemalaysiatoday.com Daily Mail and Mail on Sunday newspapers.

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