Friday, 6 February 2009

Here's an act of Interpretation, Shad Faruqi ....

From MalaysiaKini:

We are all Perakians now!
Josh Hong | Feb 6, 09 11:23am

In Malaysia, they first came for the Kelantanese,

and I didn't speak up because I wasn't a Kelantanese.

Then they came for the Sabahans,
and I didn't speak up because I wasn't a Sabahan.

Then they came for the Islamists,
and I didn't speak up because I wasn't a Muslim.

Then they came for the Hindus,
and I didn't speak up because I was not a Hindu.

Then they came for the Perakians,
And I didn’t speak up because I was not an anak Perak.

Then they came for me —
and by that time no one was left to speak up.
(adapted from Pastor Martin Niemöller’s anti-Nazi statement)

It is under attack by those who feel that the ‘social contract’ must be renegotiated.
Frankly, it is also undermined by judges and civil servants who apply their own interpretations of the Constitution and allow their personal allegiances to colour the practical application of the laws that govern our country.”
- Shad Saleem Faruqi

(Bernama) -- The Sultan of Perak has the power to dismiss his Menteri Besar even though the latter refuses to tender his resignation after being decreed to do so, a constitutional law expert said.However, the power to do so is not within the provision of the Perak constitution but from the Interpretation Act which says the power to appoint also includes the power to remove, said Prof Dr Shad Saleem Faruqi.*


Shad Faruqi, is just doing a "job" for his BN masters .... he's just a legal spin-doctor extraordinaire!

As much as I'd comply with His Majesty's decision, I cannot agree with it - and
Shad Faruqi's interpretation is as twisted as his interpretation when he said, that the Umno/BN "social contract" is in the Federal Constitution.

This is how I think it should be interpreted .....
What I say isn't meant in any way, to belittle the office of the rulers - just an interpetation of the law, from a "layman's" perspective.

We are a "Constitutional Monarchy", which is subject to the Federal Constitution, which is a "living document" - and do not live in a medieval Absolute Monarchy which practices autocracy.

The Law is Supreme - not Man!
Malaysia is a Democracy where it is the electorate that decides - the Rulers are supposed to reflect the desire of the electorate, and not vice versa. I'm sure that should be applicable where "Interpretation Act" is concerned .....
The interpretation clause cannot apply here, as the Legislature is the highest authority in deciding the MB, and not the ruler.
The Legislature decides on the candidate for appointment by His Majesty, and hence the Legislature should also decide where the "firing" is concerned!!
Should this not be the case, the YDPA then has the authority to fire the PM at his discretion as well, disregarding the parliament!

The Ruler's prerogative, I thought wasn't absolute - unlike in some nation in the middle-ages ... unless of course we've entered a time warp.
The interpretation has to take into account the Legislature, and is subject to the approval of the Legislature.

Whatever said and done, we know that the threat of an Emergency looms, should this crisis and stand-off continue - and I believe it is a very likely prospect.

What is happening today in Perak, heralds the scenario of things to come .....
The Notion & the "Social Contract".
The "social contract" - A Dead-end Roadmap to Piracy...
Discuss The Constitution - Stop the "Social Contract Rhetoric ...

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