2021-08-01 at

Constitutional Basis for HRH the Agong's Challenge of 29 July 2021

I found the Constitutional clause which has been claimed by HRH the Agong, against the Parliamentary proceedings of 26 July 2021.

Fun Fact 1

The lemma, "revoke," appears six times in the Constitution. In the first two instances, it is a power wielded by HRH the Agong. In the third instance, it refers to state legislature (trivial). The fourth and fifth instances are both in Article 150 (Proclamation of Emergency)! The six instance is in Schedule 11, indicating broadly that "revocation" of legislation is a power to be wielded by the authority who has the power to "make" the legislation in the first place (without qualification for whether this power is exclusive). 

So going back to instances #4 and #5 ... revocation of Emergency Ordinances should be a power wielded by the authority which makes Emergency Ordinances. Article 150.2B clearly states this is the Agong. So YB Takiyuddin does indeed to be faulted, by asserting ambiguously that (a) HRH the Agong revoked the Emergency Ordinances, when HRH did not, (b) that anyone else had revoked the Emergency Ordinances.

There is a longer backstory about how the Agong retains the power to make Emergency Proclamations, and Emergency Ordinances. This regards the constitutional amendments of 1983 and 1984 which made Tun Mahathir famous, as a republican.

Other Fun Facts about the Malaysian Constitution (2021-07)

Fun Fact 2

Article 150.6 of the MY Constitution allows suspension of (much of) the Constitution. (LOL, in case anyone forgot why this is all a big deal.) SUSPENSION! (Article 150.6A lists what cannot be suspended.)

Fun Fact 3

Article 150.8.b says you can never question in court, anything regarding the Proclamation of Emergency or any Emergency Ordinance. (LOL)

Fun Fact 4

Article 150.9 says that if the members of a House of Parliament are sitting BUT NOT conducting the business of the House, then for the purposes of Article 150, the House MUST be regarded as NOT SITTING. 

So did the Dewan Rakyat sit or not last week? Well, that depends on whether you consider whatever they did ... "what they were supposed to do." Did they fail to do it?

Fun Fact 5

The phrase, "notwithstanding anything in this Constitution," appears 13 times in the Constitution ... which is to say, there are 13 clauses or section which are given PRIORITY OVER THE REST of the Constitution. I've not yet checked if any of these 13 contradict each other ( true = false ).



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