Monday, February 08, 2010

Constitutional Dilemma in Perak: Death of Democracy

Tomorrow is the day for Perak because the federal court will decide whether to reinstate Nizar or to reaffirm Zambry's administration. Law lecturer Abdul Aziz Bari is right to point out that legal consideration is not longer important in this case.

The damage has been done to the soft fabric of Malaysian democracy. In this country, anything is possible. Unpredictability of the courts is slowly becoming a norm rather than an exception.

I was asked by reporters what will happen to Perak after the federal court decision tomorrow. It is not so important which coalition is going to end up ruling the state. The most important question is the direction this country is taking or the judiciary is taking us.

If the court rules that the constitutional monarch is legally empowered to hire and fire a chief minister, it will throw the whole parliamentary democracy process upside down. Malaysia will take a few steps backward. Under a parliamentary democracy, a state leader can only be removed through a vote of no-confidence in a state assembly.

Clearly to its advantage, UMNO is surprisingly campaigning for the revival of monarchy in the country by attacking Pakatan leaders as traitors to the rulers or 'derhaka'. It was UMNO which clipped the wings of the monarchy by striking out their immunity.

Tomorrow we will find out if there is a return of more influential monarchy which may play an active role as a king maker in the Malaysian politics.

The second dilemma is who is going to defend the sanctity of the constitution if judges are allowed to interpret the constitution not according to their spirit? Tomorrow's judgement may also continue to jeopardize the separation of power.

The political arrogance displayed by some politicians by ignoring the democratic wishes of the people is most disturbing. Through this illegal power grab, the Barisan Nasional cannot claim to do it for the people. It did it to satisfy its own appetite for power. It comes at a huge cost - the destruction of Malaysian democracy.

Pakatan was no better too for flirting with the same idea. Luckily, its 916 mind game which harboured a hope to capture federal power through the same method - party hopping - did not materialize. If it did, we may have seen the last of Pakatan too.

Malaysia may be blessed with virtually no deadly natural disaster but our politicians have proven to be the most dangerous destructive forces. Sadly, we have chosen to leave politics to these lesser men and women.


Anonymous said...

And sadly,the decision has already been made since day one.So much $$$ have been spent to move the jumpers and the PM and DPM to loose face??? 'Tan Koo Koo erh'!!!!

Anonymous said...

I don't trust the judiciary one bit. Nazir cannot win. Even if the decision favours him, I am afraid there will be other 'sub-decisions' that will hamper his performance.

Remember, he has still to overcome the next hurdle. Getting the consent to dissolve the assembly? Will he get it. Unlikely.

Anonymous said...

Khoo, You see the result this morning.Foregone conclusion no need to waste time.What independent judiciary??? Learned Judges??? etc etc etc....Truly Asia lah.Easier to strike 4-D than to win this case!!!!!

Cry for Perak said...

If the monarch is to be well respected,they must know how to make wise decision.In the Perak case,two of the three (frogs) are facing corruption charges and their integrity at stake.So did the monarch consider this point(if you see into the state's and people welfare).

Anonymous said...

the result is expected never change since the day of illegal power grab. pakatan want brought the case to court, is not purpose to seek justice but want to show to te world how the kangaroo court is under najis admin.

Anak Perelih said...

the 916 plan was to have a vote of no confident in the parliament... not in the palace.....!!! check your fact first....

Anonymous said...

Malaysia is the only country in South East Asia that is disgressing into the feudalistic age where the kings rule and are looked upon the representatives of God.

UMNO, by taking Malaysia backward, not forward, will soon find for us, caves as our next dwelling place.

Anonymous said...

The decision by the 5 clowns is expected. They have long been bought by their master politicians in UMNO/BN. Perakians will never ever give up. We will fight hard for PKR and Nizar to justice when the time comes. We will turn that fat arse mamak into a "zombie". And send that 5 clowns to Zimbabwe.

looes74 said...

There are many things being done without following proper procedure. Proper procedure is important. Even the royal always got proper procedure.

First of all would be the guaranteed letters, Sultan Azlan Shah insisted all 31 ADUNs to sign. I believe that the content of the letter being shown. Knowing which those who forfeit the pledge would have to resign. Subsequently the turn of event on 6th of February reflect the credibility of the instituition, as it was the instituition insisted these 31 ADUNs to honour their pledge

Secondly, till to date, I simply can't understand how does Najib & Abdullah comes into picture. Who is Najib & Abdullah in relation to Perak? It should be Nizar, Tajol & perhaps Zambry. Tajol was the opposition leader of the day. By right, it should be in the present of Nizar, Tajol & perhaps Zambry

Thirdly, is the 3 BN friendly independent ADUNs. If you can totally ignore your Surat Aku Janji signed by all 31 Pakatan ADUNs, what values does that 3 katak can provide? It lacks of credibility of legitimacy.

Hence, it's in fact a hung parliament. Logical thing to do would be dissolve the DUN. Because if that 3 kataks decided not to be friendly during DUN sitting, then what?

And Sivakumar was properly removed? There are so many questions needed to be asked......So many things need to be settled

Frankly, the fun has just begun. Pakatan Rakyat Perak really got to sit down & think of next actions.
Lets hope that PR Perak would not end like Barisan Sosialis of Singapore