King’s powers and the Constitution

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Title : King’s powers and the Constitution
Category : Malaysians

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King’s powers and the Constitution

Is the Article 150 power to declare or revoke an Emergency or to set up a National Operations Council as in 1969 a discretionary or a non-discretionary function?OUR Constitution has invested the Yang di-Pertuan Agong with vast powers and functions in the executive, legislative and judicial fields and in relation to Islam. A computer check indicates that the words “Yang di-Pertuan Agong” occur in the Federal Constitution 274 times!If all of these 274 mentions indicate the existence of discretionary powers, then His Majesty is obviously an absolute and not a constitutional monarch. It is submitted that the proper approach to constitutional interpretation is that no provision conferring power and function on the King should be interpreted literally or in isolation but must be read in the light of Articles 40(1) and 40(1A), which require His Majesty to act on advice.Articles 40 and …

Is the Article 150 power to declare or revoke an Emergency or to set up a National Operations Council as in 1969 a discretionary or a non-discretionary function?OUR Constitution has invested the Yang di-Pertuan Agong with vast powers and functions in the executive, legislative and judicial fields and in relation to Islam. A computer check indicates that the words “Yang di-Pertuan Agong” occur in the Federal Constitution 274 times!If all of these 274 mentions indicate the existence of discretionary powers, then His Majesty is obviously an absolute and not a constitutional monarch. It is submitted that the proper approach to constitutional interpretation is that no provision conferring power and function on the King should be interpreted literally or in isolation but must be read in the light of Articles 40(1) and 40(1A), which require His Majesty to act on advice.Articles 40 and …


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