Yoursay: Malaysia a constitutional monarchy, not an absolute monarchy

YOURSAY | ‘The role of the monarch is to reign, the elected government to rule.’

For people's sake, set aside differences – Johor ruler's olive branch

Gerard Lourdesamy: The proposed meeting to discuss the ongoing dispute between the Johor sultan, his heir, the TMJ (Tengku Mahkota Johor), and the federal government can only succeed if the following principles are accepted by all parties:

a) the sultan is a constitutional monarch and not an absolute one;

b) the TMJ has no constitutional role to play unless he is the regent in the absence of the sultan;

c) the sultan and the TMJ must remain above party politics;

d) the sultan retains a discretion only in three matters under the state constitution: (i) the appointment of the menteri besar; (ii) the dissolution of the State Legislative Assembly; and (iii) Islamic affairs, Malay customs, royal succession and the administration of royal palaces and residences;

e) the sultan, the TMJ and members of the royal family ought not to be involved in business directly but rather indirectly through nominees and proxies provided the state and federal governments are not required to give special consideration to companies and businesses owned indirectly by the sultan and the royal family when it comes to private or public procurement, contracts, licences and projects;

f) all state land does not belong to the sultan in person but rather to the Crown as a body corporate, that is, the state. Therefore, the ruler cannot deal with the lands as if they are his private property;

g) the sultan has the constitutional right to be consulted, to warn and encourage but at the end of the day he can only act on the advice of the MB and the executive council and if there is disagreement, as a constitutional monarch he must defer to the elected government;

h) the state and federal governments must understand and respect each other's jurisdiction and powers under the state and federal constitutions;

i) foreign policy is clearly under the jurisdiction of the federal government. It is for the federal executive to decide on diplomatic relations, membership of international organisations, the signing and ratification of treaties, conventions, declarations and other instruments under international law;

j) consulting with the ruler does not mean obtaining the consent of the ruler;

k) the sultan, TMJ and members of the royal family should cease making public statements unconnected to their official duties in the print, broadcast and social media; and

l) the federal government, the prime minister and the cabinet should not be making public statements if there are disagreements with a particular ruler or a member of the royal family.

Disagreements and differing views must be discussed behind closed doors during private audiences (where there are no minutes taken and others present) between the ruler and his MB, or in the case of the federal government, the prime minister.

To simplify things, as (prominent constitutional theorist AV) Dicey mentioned, the role of the monarch is to reign and the elected government to rule.

As the dignified part of the constitution, the ruler must ensure proper governance in his name and in order for that to happen, there must be complete trust and confidence between the sovereign and his ministers who represent the elective will of the people, the efficient part of the constitution.

At the end of the day, both the Crown and the government are there to serve the people.

Vijay 47: In a way, it is rather regrettable that Bersatu president Muhyiddin Yassin is compelled to resort to rather strong words of advice even if they be in the usual way of "fatherly advice".

When such tone is employed towards a sultan, it reveals how times have changed - that Hang Tuah now has to be supportive of Hang Jebat.

Is anyone surprised? When you strut onto the field with bodyguards lurking, whether the game is football or hockey, the tackles will come fast and furious and much mud will stick on you.

All this could have been so easily avoided if only certain parties accepted their roles and played accordingly - a forward cannot demand to also be the referee even if, instead of a whistle in the mouth, he has a silver spoon.

Speaking of which, when the referee is a sheriff named Mahathir, a red card would be the least of one's worries, suspension for life may also apply. At the moment, State 3, Palace 0.

Clongviews: Yes, at some point, discussions would be held to iron out the differences. It would be gracious of the Johor sultan to make a public statement to stop TMJ from issuing statements that aggravate the situation.

The second-in-line to the state's royal household must refrain from controversial issues in the public eye.

Credit must be given to PM Dr Mahathir Mohamad for being the only brave leader who dares to raise and uphold the issues of constitutional monarchy and calling a spade a spade.

Surely, he is familiar and very well aware and knows his subject matter at his fingertips after having experienced the first constitutional crises with royalty in the 1990s.

Hopefully, he has the stamina to put matters concerning royalty in the proper position before the next-in-line take over as state rulers.

OceanMaster: There has to be a clear, compelling and lasting resolution on the current issue where the state and the monarchs are at loggerhead in terms of power distribution.

This is not horse trading but the very foundation and lynchpin of how the country must be governed.

In that, Mahathir has been clear as to the constitutional architecture of nationhood, where the power is in the hands of its citizen through the ballot box; a government of people; by the people and for the people with the position of the monarchy preserved.

That is the decision required and not a compromise.

Isildur: With Mahathir's recent posting, he would've thought he'd end up losing either way.

For the benefits of Bangsa Malaysia's future generations, Mahathir ought to make good of his intention. Get the two-thirds and do the necessary. The majority of the rakyat is behind you.

Let the Federal Constitution reign supreme and curtail the power of the 'deep state' once and for all. - Mkini