Monday, June 04, 2018

There's no reason for Dr M to back down

He's confident he'll get his choice of AG. He has the Constitution on his side.

There is a potential constitutional crisis in the making which dwarfs what's happening in Perlis in terms of importance. But the principles involved are the same. Both touch on the role a ruler plays in a constitutional monarchy.

There is a consensus among constitutional experts when it comes to things like who is selected to become the MB of a state or the PM of the country, it is the party that controls the majority that decides. Yes, the MB and PM must be sworn in by the ruler concerned but that ruler can't really say no if that MB/PM has the support of the majority.

This principle applies to the appointment of an Attorney-General as well. Pakatan has submitted only one name for its choice of AG: Tommy Thomas. But apparently, the king has not agreed to this. This sets up a real potential constitutional crisis if the situation is not resolved.

Dr M is no stranger to battling it out with the royalty. He did it twice in his first stint as PM (and won both times). Is he doing to do it a third time? He might not need to. The various state rulers will be meeting this Tuesday to try to resolve this issue. According to the Malaysian Insight, a simple majority among the rulers will resolve this matter.

Hopefully they will decide to let Pakatan have its preferred AG to avert a constitutional crisis because we know Pakatan will be insistent on this matter. They are united behind this choice of candidate and they know the general public is fully behind them on this matter.

When asked about this matter, the normally blunt Dr M said rather diplomatically:
"Under the Federal Constitution, the Yang Di-Pertuan Agong has to act on the advice of the prime minister. So we are holding to that principle."
He doesn't have to say more really because that statement says it all. The Constitution is clear on this matter. If there is another Battle Royale, it's unlikely that Dr M will lose.

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