The Agong’s emergency declaration powers: A look at ‘discretion’, ‘advice’ and history from a legal perspective

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The Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah officiates the opening of the first meeting of the third session of the 14th Parliament in Kuala Lumpur May 18, 2020. — Bernama picKUALA LUMPUR, Oct 29 — The Yang di-Pertuan Agong’s decision last Sunday to reject the prime minister’s request to declare a state of emergency in Malaysia has cast the spotlight on the King’s role under a rarely-used provision in the Federal Constitution.Even after the Agong’s decision not to declare an emergency, discussion on the topic continued with Dewan Negara Speaker Tan Sri Rais Yatim suggesting on Twitter on Monday that Article 40 and Article 40(1A) under the Federal Constitution had not been complied with.  The Article 40(1A) that he had cited referred to the need for the Agong to accept and act on advice when carrying out his functions under the Constitution o…