Thursday, 6 September 2007

Datuk Seri Nazri Abdul Aziz Fuelling the Crisis of Confidence of the Council of Malay Rulers

Read here full article in The Sun

Read HERE Commentary by Zainol Abideen on "Mahaguru58 Blog"

"... The idea of putting up a pretext of having a Constitutional Monarchy and then curtailing the rights and the powers of their Majesties, the Malay Sultans is a sham and an insult to their Royal Selfs.

I am somewhat pissed off at seeing how the current airheads in government are trying to upstage the position of our Royal Sultans especially when I read about how Nazri Aziz says that the PM is not bound to listen to the advice by His Royal Highness the Yang Di-pertuan Agong, the Supreme king of Malaysia!

Imagine the audacity of these common subjects who kneeled and kissed the hands of their Majesties, the Sultans of the Malay States for their awards and temporary positions as ministers of this and that , get big headed and forget as to who is the subject and who is their Sultan or in this case the Yang di-Pertuan Agong?

What bullshit kind of 'Setia kepada Raja dan Negara' are these idiots practicing?

What idiotic interpretation of 'Ketuanan Melayu' are these numbskulls talking about?

The nation has been held to ransom by the idiots we have badmouthing us the citizens at every given opportunity and now they are being 'kurang ajar' to our Royal Majesties! ..."
-Zainol Abideen
Excerpts: Read here for more

Photo Sharing and Video Hosting at Photobucket Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz says the Prime Minister is NOT bound by the advice of the Conference of Rulers (COR) on the appointment of judges.

Nazri made the following written reply to a question from Karpal Singh (DAP-Bukit Gelugor) in the Dewan Rakyat (Parliament) today:

"....It is merely an ADVICE from the (Council of ) Rulers which COULD be taken into account by the Prime Minister.

The principle of Article 122B(1) of the Federal Constitution is that the Yang di-Pertuan Agong SHOULD act in accordance with the advice of the Prime Minister.
In the event the Council of Rulers (COR) is not agreeable or delay the prime minister’s suggestion in the appointment of a judge,
the Prime Minister has the right to request the appointment of his proposed candidate.

This is because according to Article 40(1A) of the Federal Constitution, the Yang di-Pertuan Agong is tied to the choice of the prime minister .

In the matter of the appointment of judges, when the Yang di-Pertuan Agong consults the COR, he does NOT seek its ‘consent.’ He merely CONSULTS so when the COR gives its advice, opinion or views, the question is: Is the Yang di-Pertuan Agong bound to accept (ie advice, opinion or views of the Council of Rulers) ? Clearly he is NOT. (The Agung) may consider the advice or opinion given but he is NOT bound by it.

But,Article 40(1A) of the Constitution provides specifically as to whose advice the Yang di-Pertuan Agong MUST act upon. Clearly, therefore, the Yang di-Pertuan Agong MUST act upon the advice of the prime minister. The advice is envisaged by Article 40(1A) is the direct advice given by the recommender and not advice obtained after consultation.

So in the contest of Article 122B(1) of the Constitution, where the prime minister has advised that a person be appointed a judge, legally the prime minister can insist that the appointment be proceeded ."

Related Article

-Raja Nazrin

Read here Bernama article "Raja Nazrin Says Monarchy an Integral Part of Nation"

Photo Sharing and Video Hosting at Photobucket ".. The monarchy in Malaysia is an integral part of the country as well as a symbol of identity, continuity, unity and strength, and contrary to some opinion, is not all form and no function, said the Raja Muda of Perak Raja Dr Nazrin Shah.

It is a symbol of identity because it is a national institution, one that distinguishes this country from all others, and it is a symbol of continuity because the monarchy in Malaysia is an old institution and provides a sense of historical significance to the people,” he said.

He said this at a public lecture entitled '50 Years of National Development and Nationhood' at the Khazanah Nasional Develop- ment Seminar last night.

Raja Nazrin said the monarchies that have survived, including the one in Malaysia, have done so because they have evolved in line with social progress and contribute to public life.

He said that for the monarchy in Malaysia to continue to function effectively, it must remain fresh and vital by fulfilling the role expected of it.

It is an often overlooked or under-appreciated fact that the monarchy in Malaysia is supposed to play a productive role by being a healthy check and balance in the system of governance,” he said.

He said the Federal Constitution mandates the monarchy to be the guardian of the just rule of law, an impartial arbiter in the democratic process and an overseer of the pillars of state.

Some believe that Rulers are supposed to do so in a purely ceremonial sense, but I would argue that this contradicts the true spirit, if not the letter, of the Federal Constitution,” he said.

He said that while the monarchy was required to act on the advice of the executive, it must also uphold the principles of good governance and the rule of law, with credibility and impartiality.

To do otherwise would be to undermine its integrity, as well as that of the Federal Constitution,” he said, adding that for the monarchy to effectively discharge its responsibilities, it will need to have avenues for genuine and in-depth consultations with the executive.

Raja Nazrin said this should pose no problem, however, given the common and unswerving aim of advancing the interests of the nation.

This unity of purpose will also help ensure that the relationship will be cooperative and not marred by open confrontation,” he added.

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