Agong can advise PM to resign, appoint another MP as Prime Minister.
PN gov’t ‘illegitimate’, does not have consent of the governed.
Opinion is not law. Only the court can declare law.
It’s not Opinion, that it’s unconstitutional to go against the Constitution. No Constitution can go against itself.
It’s no point citing this Article or that Article in the Constitution unless the letter of the law and the spirit of the law come together for unanimity for the rule of law, the basis of the Constitution, to prevail.
The letter of the law is not the sum total of the rule of law. There’s greater emphasis on the spirit of the law in the rule of law, the letter of the law being read together with the spirit of the law.
In determining the letter of the law, the Federal court would interpret the intention of Parliament, for example, and declare law.
That goes along with Opinion that can stand up in court.
In law, Agong appointed Muhyiddin as PM on 1 Mar 2020 because of the confidence factor.
The confidence factor need not be based on numbers or simple majority.
For example, the US$ is worse than shithouse paper, but remains as the international reserve and cross trading currency because of the confidence factor i.e. acceptability in trade and transactions, and evident in investors, prices, values and interest rates, and many nations piling up the US$ and/or investing in US Treasury Bills.
Where does the Agong’s confidence in Muhyiddin come from? We have to ask him. He need not explain. He doesn’t even have to say, “Beta bla bla bla”.
In short, nothing. Ilae!
re the 107 members on 9 Jan 2021, it’s irrelevant even if it’s not heresay, and/or there’s proof.
The mechanism to determine support in Parliament is a separate matter.
The true test of support in Parliament comes from the passage of gov’t Bills. So far, gov’t Bills under Muhyiddin have passed. So, it can’t be said that he has no support in Parliament although he may have less than 112 MPs with him in gov’t.
If MPs have any YouKnowWhat, they can vote against gov’t Bills.
The issue is who is PM. Only the PM can advise Agong on this and that. No PM is “illegitimate” unless declared by Parliament, court or Agong.
In fact, it can be argued that the PN gov’t is “illegitimate” since it does not have the consent of the governed.
Having said that, a gov’t can change hands in between elections, without election, if the Agong agrees, and MPs agree as seen in the passage of gov’t Bills.
Sole executive authority in the Federation rests in the state and resides in the Agong. It’s the same in India, the UK, the Commonwealth and elsewhere.
If I was Agong, I would withdraw the delegation by Administration of executive authority to the PM and Cabinet and exercise it directly until GE15 i.e. rule by decree.
The Queen in England can also do this at the risk of having her head chopped off, being bundled into exile, referred to the nearest hospital for an evaluation and being institutionalised for life to keep the public from harm, the Monarchy abolished by Parliament, Referendum, Revolution or civil war.
In the case of civil war or Revolution, the Constitution would have been torn up. A new one would have to be torn up.
Again, it’s unconstitutional to go against the Constitution.
Alternatively, the Agong can advise the PM to resign, and whether he resigns or otherwise, appoint another MP as Prime Minister.
That’s what the Sabah Governor did on 12 May 2018.
The Governor, not being sultan as in the Perak case law 2009, has no “residual” powers. He can’t “sack” the CM. The matter is justiciable.
Agong, being sultan, has residual powers. He can “sack” the PM although the Constitution is silent on the matter.
No court will go against Agong. The matter is non-justiciable.
re the AG, although he’s bound by the Constitution, he reports to the PM. The PM can advise the Agong to sack him.
No AG will advise the Agong on this and that if it looks likely that the PM will advise the Agong to sack him.
Apandi Ali is a case in point. He was sacked by the Agong after being advised by the PM. Earlier, Apandi was advised by the PM to resign. He refused to do so.
AG Tommy Thomas resigned. In doing so, he did not have to give any reason. If he did not resign anyway, it was only a matter of weeks, if not days, before the PM advised the Agong to sack him.
HISTORY . . .
Umno’s approach under the ISA contained within itself the seeds of its own destruction. The approach introduced a culture of complacency, resting on the laurels, and having those with no grassroots support being returned to party positions. BN caught the sickness as well and was destroyed.
BN, supposedly a power-sharing formula, sharing seats and deciding on policies by consensus and/or compromise, rarely met.
Parties could be kicked out from BN by simple majority. New members could only be admitted by consensus.
If MIC, MCA and PBRS leave BN, Umno will be the only remaining member. BN will stand automatically deregistered. PN will become the NEW BN.
Umno used the ISA to destroy the Opposition within the party and Malay Opposition parties. Malay were left with no choice but vote for Umno. PAS was hardcore.
The ISA was used to splinter non-Malay parties. Many non-Malay parties as possible were set up. This killed BN.
Good frog Jeffrey Kitingan, King of Frogs, was detained under the ISA for nearly four years to destroy PBS or at least whittle down its strength.
MahaTHIEF allegedly extorted US$500m from Jeffrey before releasing him in early 1994 for the state election.
Bapa Projek IC and Bapa PTI MahaTHIEF padded the electoral rolls with PTI.
Many breakaways from PBS were encouraged. The Chinese betrayed the Orang Asal. They were in cahoots with Umno from Malaya to seize the Sabah gov’t.
Anwar BS set up PKR, the proverbial Sword of Damocles, to STOP MahaTHIEF getting away with anything.
MahaTHIEF knew the game was up.
Anwar BS could not be bribed or intimidated into submission. The IGP beat the shit out of him in the lock-up. He appeared in public with blue black eyes which became the symbol of PKR.
MahaTHIEF at first claimed that Anwar BS punched himself to gain public sympathy. Then, he claimed that Anwar BS fell down and injured his eyes.
MahaTHIEF, all his life, has been making up stories as he went along. He entered the University of S’pore as Indian Muslim. More recently, he told the media in Bangkok that he has only spoonfuls of blood (Indian) and could not remember from which part of India his people came from. In Kerala, southwest India, they remember his family on both sides and celebrate him as “the local son who made good in M’sia”.
MahaTHIEF was forced to quit. He shed crocodile tears in public on having failed Melayu. It was a long goodbye. He expected Umno to keep him. Privately, they told him to GO.
Najib, plagued by the three generation curse, repealed the Emergency Ordinances facilitating the ISA. The ISA was abolished.
Najib, panic stricken, brought in Sosma, Pota, and amended the Sedition Act to make it even more draconian.
He bought into Jho Low’s nefarious plan to plunder the public treasury through 1MDB, among others, to fund his Cash is King politics. Many Malay were happy to have a share of the loot. They were told, behind closed doors, that the money came from the taxes paid by CinaBabi communists. Najib became very popular.
MahaTHIEF was allegedly mad Najib didn’t share the loot with him. Instead, Najib denied the 1MDB Scandal.
MahaTHIEF, jumping on the 1MDB Scandal, timed his political comeback well. He defected to the Opposition to neutralise PKR and prevent Anwar BS becoming PM.
Anwar BS had publicly sworn to lock up MahaTHIEF and his thieving family of multibillionaires.
DAP BS betrayed Wan Azizah with 50 seats. They agreed that MahaTHIEF with 13 seats could be PM. In return, they wanted the Finance Minister’s post and the AG’s post for Tommy Thomas, their lawyer.
TT was asked by MahaTHIEF to quit after one day. He wanted a Malay for the job, not a Malayalee.
TT, a Malayalee like MahaTHIEF from Kerala, knew that the latter could not be trusted.
PAS, also represented by TT, issued a statement that saved his job. MahaTHIEF needed PAS and even gave them RM400m in gov’t funds. Earlier, Najib gave PAS RM90m from 1MDB.
MahaTHIEF quit as PM last Feb, not abruptly as reported by media, after telling Moo, Azmin Ali, Zahid, Hadi and GPS that DAP BS wanted a big share of the loot. He wanted to take back the Finance Ministry post and AG’s post from DAP BS.
He called for an all-Melayu all-Muslim gov’t i.e. no DAP BS.
Moo carried out the MahaTHIEF plan although he only had about 60 seats with him.
The rest is even more history.