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Monday, February 3, 2014

Aziz Bari vs Mohd Noor over sultan’s power


YOURSAY ‘As a layperson, I can easily tell who is right and who is wrong.’

Aziz Bari: Sultan has no absolute power

Hank Marvin: Constitutional law expert Abdul Aziz Bari is just telling the law as it stands. And he is not a republican; just read his book ‘The Monarchy and the Constitution in Malaysia’ (2013) and ‘Majlis Raja-Raja’ (2002).

Former Court of Appeals judge Mohd Noor Abdullah should look at how the Queen exercised her powers to appoint the PM in the United Kingdom, which is the prototype of our Westminster system.
          
James TCLow: Who do you believe more - a former judge who has proved himself to be a racist and an honourable lecturer, who happens to be a constitutional expert?

Hello: At least we have one fearless constitutional expert, whose interpretation of the constitution on the powers of the rulers are more rational than the gibberish from this ex-judge, who I suspect is a racist sycophant of Umno.

Thank God (Allah) he is no more a judge.

Telestai!: As a layperson, I can easily tell who is right and who is wrong. To define a constitutional monarchy, there is one simple test. Who is answerable for the affairs the state/country - the elected representatives or the ruler?

If the answer is the elected representatives, then the ruler must listen to the advice of their  leader. I wonder how can a learned former judge err on something so simple?

Open Minded: Aziz Bari, you have hit the nail right on the head. Simple logic and deduction - a political party or a coalition works hard to win the election and then it has to wait for a royal consent as to who it appoints is approved.

We might as well let the royalty run the state and we can get rid of costly elections.

Mushiro: Mohd Noor is an Umno extremist who is making use of his former status as ex-judge to confuse the people for Umno's advantage.

As Abdul Aziz said, if the rulers have absolute power, then there is no need for elections as the sultan can always appoint anyone he likes.

Meh: The former judge is doing the institution of the royalty a great disservice. He is making the titular head of a government so powerful in a democratic country that people may begin to worry about him when in fact he is just a branch of a democratic arm of government.

Liew Lean Kut: Mohd Noor is a government judge not the rakyat's judge. It is precisely these judges who give a bad name to the judiciary so much so that people are starting to question the decision they made.

Sirach: In a constitutional monarchy, the role of the monarch is largely ceremonial. The monarch has to endorse the decisions of the legislature elected through the democratic process.

For Mohd Noor, to say that the sultan has absolute power in the appointment of the MB exposes a level of ignorance which is truly breathtaking.

How on earth did this man become a judge in the second highest court in the land? Perhaps former PM Dr Mahathir Mohamad can explain.

Shanandoah: For all the arguments about state powers and the sultan’s authority in administrative matters, where does the federal constitution stand?

Aren't all these ultra vires vis-a-vis the supreme law of the land? Constitutional laws must supersede and override whatever the stupidity the states decide to do in a democratic country.

Laws made in state assemblies must conform with the requirements of the federal constitution.

Whatsup: Pity those cases presided by such half-past six judges who can't even justify their decision factually, and in this case, taking an old invalid argument.

Yet when it comes to a certain word, historical facts are ignored and rubbished despite international acceptance.

It's evident most of our judges are poorly qualified and have zero integrity. The only thing they can do is to tow the Umno line. Have they no shame?

SusahKes: I respect Aziz Bari's views. And we can quote all the laws and enactments that are out there. But when push comes to shove, and Umno presses its survival button, all of our legal logic flies out of the window.

The 'Allah' issue is a clear example. The federal constitution allows for freedom of religion, but see how that is being played out now.

I think DSAI (Anwar Ibrahim) has underestimated the future impact of this by-election, just has he has done with the 1998 attempt to remove Mahathir, September 16, 2008 and Black 505 (May 5, 2013).

Tan Kim Keong: Thank you Aziz Bari. Your erudite and ingenious argument is based on facts. While this former judge's view is seen through a lens of an extremist who is now hell bent on strengthening racial supremacy and fascism.

This former judge has a choice of using his knowledge objectively or destructively. Obviously he chose the latter.

Appum: A former Court of Appeals judge not understanding our constitutional law? What next? - Malaysiakini

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