Eventually, Datuk Seri Mohammad Nizar Jamaluddin has lost the Perak Menteri Besar post and Pakatan Rakyat has failed to retrieve the state power.
The Federal Court’s decision is not surprising and the 5-0 result is less interesting as expected.
As a domestic well-known constitutional scholar said, the whole process is like a strange marriage relationship.
First of all, Nizar (the husband) married the Perak state power (the wife) and later, Datuk Seri Dr Zambry Abdul Kadir got involved in their marriage. As a result, two men were fighting for a woman.
From the legal and ethical points of view, of course such a relationship was not allowed. Therefore, they had to bring it to court, letting the judge to decide who should be the rightful husband.
Before the court decision was made, Dr Zambry has been living together with the Perak state power. They have been constantly making love, regardless whether they did it with mutual willingness or not...oops! I mean a lot of policies have been made and a number of measures have been implemented.
And now, what has been done cannot be undone.
The court ruled that Zambry is the rightful husband, leaving Nizar alone.
Perhaps, we can learn Malaysian political philosophies from the incident.
1. The power of the royal family has become the fourth power
High Court Justice Abdul Aziz Abdul Rahim ruled earlier that Sultan had no power to dismiss a Menteri Besar but only the State Assembly had such a power.
The Court of Appeal then overturned the decision and validated the Sultan’s power, which was also confirmed by the Federal Court.
It will be an important case. From now on, the status of state rulers will be more prominent, especially in a political dead-lock, the ruler may play a key role here.
Under the western democratic framework, the executive, legislative and judicial branches mutually check and balance while the media monitoring system, which was introduced later, has become the fourth power.
The media bring not much effect in Malaysia but the royal power has made a comeback and become the fourth power. However, it is not playing a role to oversee or check and balance. Instead, it will become the “king-maker” during crucial moments.
2.The implementation of democracy cannot be done overnightThe people’s decision made on 8 March has brought a new phenomenon. But the inherent political environment of Malaysia is having a tough inertia. It is attached to the original political structure, eroding many possibilities for changes.
Political frogs and trickery applications are sometimes more effective than the people’s votes.
The implementation of democracy should not rely only on the new phenomena. Instead, they have to continuously move forward and surpass the momentum which is dragging them backward.
We will still have hope only by doing so. — mysinchew.com
* This article is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.
With the ruling Agung has the power to dismiss the PM. So what will happen if the Agung decides to sack the PM. Will BN apply to the court and say that the Agung do not have the power to dismiss the PM. Then how about if the Sultan in the BN ruled states decide to dismiss the the mentri besar, and appoint a PR man as the mentri besar. Will the courts ruled then that the sultan do not have the power to dismiss the CM, or will they refer to the Perak decision and ruled that the sultan has the power to dismiss the BN mentri besar.
A very good precedence for Malaysians to sack Prime Minister in the future.
MI
11/02/10
The Federal Court’s decision is not surprising and the 5-0 result is less interesting as expected.
As a domestic well-known constitutional scholar said, the whole process is like a strange marriage relationship.
First of all, Nizar (the husband) married the Perak state power (the wife) and later, Datuk Seri Dr Zambry Abdul Kadir got involved in their marriage. As a result, two men were fighting for a woman.
From the legal and ethical points of view, of course such a relationship was not allowed. Therefore, they had to bring it to court, letting the judge to decide who should be the rightful husband.
Before the court decision was made, Dr Zambry has been living together with the Perak state power. They have been constantly making love, regardless whether they did it with mutual willingness or not...oops! I mean a lot of policies have been made and a number of measures have been implemented.
And now, what has been done cannot be undone.
The court ruled that Zambry is the rightful husband, leaving Nizar alone.
Perhaps, we can learn Malaysian political philosophies from the incident.
1. The power of the royal family has become the fourth power
High Court Justice Abdul Aziz Abdul Rahim ruled earlier that Sultan had no power to dismiss a Menteri Besar but only the State Assembly had such a power.
The Court of Appeal then overturned the decision and validated the Sultan’s power, which was also confirmed by the Federal Court.
It will be an important case. From now on, the status of state rulers will be more prominent, especially in a political dead-lock, the ruler may play a key role here.
Under the western democratic framework, the executive, legislative and judicial branches mutually check and balance while the media monitoring system, which was introduced later, has become the fourth power.
The media bring not much effect in Malaysia but the royal power has made a comeback and become the fourth power. However, it is not playing a role to oversee or check and balance. Instead, it will become the “king-maker” during crucial moments.
2.The implementation of democracy cannot be done overnightThe people’s decision made on 8 March has brought a new phenomenon. But the inherent political environment of Malaysia is having a tough inertia. It is attached to the original political structure, eroding many possibilities for changes.
Political frogs and trickery applications are sometimes more effective than the people’s votes.
The implementation of democracy should not rely only on the new phenomena. Instead, they have to continuously move forward and surpass the momentum which is dragging them backward.
We will still have hope only by doing so. — mysinchew.com
* This article is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.
With the ruling Agung has the power to dismiss the PM. So what will happen if the Agung decides to sack the PM. Will BN apply to the court and say that the Agung do not have the power to dismiss the PM. Then how about if the Sultan in the BN ruled states decide to dismiss the the mentri besar, and appoint a PR man as the mentri besar. Will the courts ruled then that the sultan do not have the power to dismiss the CM, or will they refer to the Perak decision and ruled that the sultan has the power to dismiss the BN mentri besar.
A very good precedence for Malaysians to sack Prime Minister in the future.
MI
11/02/10
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