Saturday, 7 February 2009

Constitutional Law Expert Shamrahayu Abdul Aziz is Dead Wrong, Says Professor Aziz A. Bari

Read here for more in Malaysiakini

Constitutional Law expert Professor Aziz A. Bari disputed the stand taken by another Constitutional Law expert, Associate Prof Shamrahayu Abdul Aziz , who said that a vote of no-confidence was not necessarily needed to prove that Mohd Nizar had lost the support of the majority in the assembly.

Shamrahayu was quoted in Bernama yesterday as saying that political circumstances may prove there was NO need for a vote of no-confidence at all.

Professor Aziz A. Bari today said that the Sultan of Perak had NO powers under the state constitution to "hire or fire" a menteri besar. That was the position BEFORE independence.

The POST-Merdeka constitution made it very clear that the menteri besar does NOT hold office at the sultan's pleasure, he added.

He said,

"The state constitution, along with the federal constitution, states that the menteri besar holds the office at the sultan's pleasure subject to the provision of the menteri besar holding the confidence in the state assembly.

The important factor to consider here is Article 16(6) of the Perak constitution which states that the menteri besar shall only step down if he ceases to command the confidence of the majority of the members of the legislative assembly.

"
And that too only unless at his request, the sultan dissolves the legislative assembly."

Aziz said that such a power was with the sultan BEFORE the independence when the menteri besar was deemed to be a civil servant appointed by the sultan as a matter of prerogative.

"The pre-independence MBs were not elected. This was changed in 1959, the first general elections after independence," he added.

A constitutional debate is raging at the moment following a change in the majority in the Perak state assembly in favour of Barisan Nasional courtesy of four defections.

Aziz was disputing media reports which had quoted other experts as saying that Sultan Azlan Shah had the power to ask Perak Menteri Besar Mohd Nizar Jamaluddin to step down.

Associate professor Dr Shamrahayu Abdul Aziz was quoted in Bernama yesterday as saying a motion of no-confidence could be established through a vote of no-confidence at the state legislative assembly OR could arise from "extraneous circumstances" that may imply that the elected representatives no longer had the confidence in the menteri besar.

She said the statement by the sultan as well as the defectors from Pakatan, who later declared their support for BN, were indication enough of a no-confidence vote against Mohd Nizar.

She cited the case of Amir Kahar Mustapha vs Tun Mohd Said Keruak in 1994, which involved former Sabah chief minister Joseph Pairin Kitingan when there were several defections from his party after the 1994 general election.

Shamrahayu said the court ruled that the circumstances showed there was no more confidence in Pairin Kitingan, leading the latter to tender his resignation. She said, as quoted by Bernama:

"I think this should be the argument on behalf of the sultan, (that he had come to the conclusion) after meeting members of the Perak BN and the defectors who expressed support for BN.

Although we do not know what had transpired exactly, I believe the decision made was in the Sultan's wisdom."

Responding today, Aziz Bari said that the case law used by Shamrahayu was NOT applicable in the Perak standoff. He said,
"The Sabah case mentioned by her did not deal directly with the question of confidence. In that case the chief minister himself tendered resignation after his party members deserted him"
He added that the case which one should look at is the Stephen Kalong Ningkan's case (1966), in which the court held that the existence of confidence was to be tested on the floor of the legislature.

12 comments:

Anonymous said...

prof. madya shamrahayu janganlah pulak derhaka kat mahaguru in constitutional law....prof aziz bari....(thanks prof....i got B+ for consti law)

paloi bin mulau said...

ass prof tu kena jawab ikut skima sbb bernama kena interview dia. nanti kalau dia jawab ikut prof aziz bari...susah le dia muahahaha

aku said...

she is not associate prof buat assistant prof.and she is from Department Islamic Law in UIA.

http://www.iiu.edu.my/laws/staff.php?uid=8

Edyes said...

gile...

udah ler menipu status... berlagak pandai pulak tu... ish ish...

Anonymous said...

dia bukan associate professor..
tapi dia ni professor MY ASS

Anonymous said...

tu la pasal, nampak cam bodoh, bila buka mulut ckp sah sah bodoh cam sibodoh.lain kali sebelum ckp tgk dulu aku ni cam bodoh ke bijak, ni sah bodoh, malangnya saper jd anak murid dia, kangkung kahkahkahkahkah (pinjam tukartuib)

Anonymous said...

adoi...semua degree dari IIUM ka..???sendiri mau ingat la...kurang2 buat la master kat oversea ka..phd kat oversea ka...bikin malu maa...no experience..mau komen pulak...

Anonymous said...

1st - Ko dapat B+ je pon, bukan dapt A..

2nd - Dr Shamrahayu x ckp pn die Assct Prof, si author tu kot yg salah tulis.

3rd - Memang btul Dr Shamrahayu adalah Asst Prof. So??

4th - To paloi bin mulau, mmg la Dr Shamrahayu kena jawab camtu, kena ade justification, bukan men hantam je.. lol


5th - aku rase Dr Shamrahayu tu bukan nk tipu status, kalau die tpu pn korg pn bleh cek kan, xkan reti komen je, nk cek x reti. pastu bukan die nk blagak pandai, mmg die ade knowledge pasal tu.. Bagi orang kebanyakkan seperti saya, blogging adalah satu medan untuk menyatakan apa yang terbuku di hati, terlintas di fikiran. Blog edyesdotcom terhasil daripada semangat perjuangan bagi merealisasikan Malaysia yang lebih baik. Semua pengunjung adalah tetamu saya. Saya mengalu-ngalukan kunjungan saudara bersama buah fikiran yang bernas untuk dikongsi bersama. Hanya komen-komen yang beretika sahaja akan mendapat layanan. Kerana di alam siber juga kita harus punya etika. email saya jika perlu di alamat edyesdotcom@gmail.com ---> adakah komen anda beretika siap kluar "gile"??..lol

6th - yang pasal bodoh2 tu, aku rase Dr Shamrahayu tu x bodoh, kalau bodoh xde la masuk n dpt buat phd. Sebenarnya die yg "bodoh", nk kutuk org plak, sedar la diri..

7th - At least Dr Shamrahayu ade phd, ko ape ade nk komen pasal die, ko yg sepatutnya 'sendiri mau ingat'...

Anonymous said...

pls do have ur respect towards ur lecturer.regardless she has taught u or vice versa. it is something rude to slam your lecturer with dat kind of comments. everyone has their own view. at least she gt her authorities with her. if u are so excellent in this constitution, have some adab to correct the wrong or express your own view. what is d use of criticizing people without telling the correct way of interpreting the fc? grow up aikolian!

Anonymous said...

pls do have ur respect towards ur lecturer.regardless she has taught u or vice versa. it is something rude to slam your lecturer with dat kind of comments. everyone has their own view. at least she gt her authorities with her. if u are so excellent in this constitution, have some adab to correct the wrong or express your own view. what is d use of criticizing people without telling the correct way of interpreting the fc? grow up aikolian!

Anonymous said...

stop being stupid to those who criticize dr.shamrahayu..are u really in the position to condemn someone? will u be able to compare your knowledge with her? knowledgeable people should be respected..aziz bari have his own views, so let him be..matured people will respect what other people say..
just because u got a "B+" that doesnt mean who have the right to say such n she is not an idiot to follow what other people told her to do especially, the press..so what if is from other dept? is that mean she have zero knowledge about consti law? that is absurd..u are somehow trying to say that 'a person who is an expert in cooking cannot be an expert in other field'..what kind of narrow minded perspective is that? and to the person who keep calling her as an idiot..u are actually talking about yourself..respect other people if u want urself to be respected..what u said to others might turn back to u..u were talking about an academician,a teacher,she is sharing her knowledge..compared to u guys,she is way far more noble..GROW UP PEOPLE..!!

Anonymous said...

ya dia bawak islamic law, tapi check lah dia ada ijazah apa. Takkan lah dia nak duduk bawah dua department -,-