The ‘legal gymnastics’ of the President of the Chamber



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YOUR OPINION | “A motion of no confidence is high priority, urgent and in the extreme public interest.”

COMMENT | Confidenceless movement: clearing things up

Anonymous_15897060865429524: What Dewan Rakyat’s chairman Azhar Azizan ‘Art’ Harun is saying is that Parliament is subordinate to the executive.

That cannot be correct.

The motion must be allowed as it is based on the rule of law of the federal Constitution. Azhar’s refusal to allow the motion of no confidence is tantamount to challenging Article 43 (2) (a), a fundamental feature of the Federal Constitution.

How can mere Standing Orders triumph over the Federal Constitution, which is the supreme card and the highest law in the land? If the whole of Parliament obeys a single cabinet member, that goes against the fundamental doctrine of the separation of powers.

Azhar, the Executive is accountable to Parliament and not the other way around. This means that the prime minister and his cabinet are accountable to the people. And Parliament represents the will of the people.

Azhar’s decision is similar to telling Parliament that only what the Executive allows can be discussed. So if you want to discuss the removal of the Executive, only that same Executive can allow it. That is a perverse and twisted interpretation of parliamentary democracy.

You have also completely ignored the subject of this motion. This is not a mere private motion to introduce a minor obscure ordinance. It’s about the legitimacy of the entire government. How can a worldly government issue replace the issue of addressing the legitimacy of that very government?

Azhar, I think you’re just looking for technicalities and doing legal gymnastics to achieve political goals. You should be ashamed of yourself. You should be ashamed of yourself.

IndigoTrout2522: Azhar, who is an experienced and knowledgeable legal professional, appears to be compounding this problem.

Based on its “facts”, it seems that only the government can present motions, but Parliament, the Legislative, is a power equal to the Executive and Judicial.

If the Permanent Decree does not make sense, then Parliament can modify it to make it fairer with just a simple majority. The Speaker of the House can take the initiative to do so. This does not require an amendment to the Constitution.

A motion of no confidence is high priority, urgent, and in the extreme public interest. The opposition leader in the House must have the legitimacy of no less than one minister and, therefore, must be allowed to present the motion for a vote. This is applicable regardless of which party is the government or the opposition.

Vijay47: Dear Mr. Speaker Azhar, sir, the preamble to the Parliamentary Rules is the prayer supplicating Almighty God: “Let Your blessing descend upon us gathered here, and grant that we may deal and consider all matters that will be the subject of our deliberation in a manner and a faithful way to promote Your Honor and Glory and promote the peace, prosperity and well-being of Malaysia and its people. “

May your precious service, sir, always be guided by the light that you pray to illuminate those gathered here.

It is now close to 1.20 am and almost each and every comment posted here on Malaysiakini So far he speaks disapprovingly of you. This is unfortunate and totally unfair to you and, as you have pointed out, is the product of our abysmal ignorance and perhaps our emotional prejudice.

However, it is also your past that reaches you. Had it been from the same mold as, say, his predecessor Pandikar Amin Mulia, perhaps no one would have spoken, it would have been seen as what comes with the territory.

But you were once Art Harun, a firm voice of the people until, rightly or wrongly, it was perceived that you had gone to the dark side; if life imitates art, then Art Harun seems to imitate Raja Petra Kamarudin, a kinship that I am sure you would not want to suffer from.

For the ignorant commoners that we are, his so far short tenure has not been particularly impressive, and the only cases that come to mind are his kind treatment of Baling’s MP Abdul Azeez Abdul Rahim after his smile. dark comments, and your presence in the infamous lunch.

As for the current issue of the Regulations, I am the least qualified to discuss it with you, such is my profound ignorance, except to touch on one matter.

In referring to Standing Order 14 (1), you have listed the relevant business sequence. But I think this Order begins with “Unless the House decides otherwise …”

What is the impact of these five words, what role, if any, do they play in ensuring that the business order remains inviolable or not? Or can the House override the sequence?

I readily admit that I am being simplistic. Perhaps someone educated can clarify my doubts.

Carson Lim: It is regrettable that the Speaker of the House himself has opted for a narrow interpretation of Order 18 (1) to limit voting on a matter of public urgency.

In fact, in any case, Order 14 (1) establishes that such a hierarchy of businesses can be challenged when “the Chamber directs otherwise.” If the prime minister has really lost confidence, I don’t see what difficulties are for members to resolve to prioritize the motion.

I think, therefore I exist: Technically, the speaker is right. But what prevails is not a parliamentary procedure but a constitutional convention.

Mr. President, what you are saying is that no prime minister can be removed by a vote of no confidence because the government does not consider it important? Wow…

OrangeHawk3664: When a prime minister and his cabinet have lost the trust of parliamentarians, then what rights do they have to discuss and act on motions of urgent public importance? They have lost the right to rule, haven’t they?

JBond: Azhar, this illegitimate government is controversial, so is his promotion to that position. Your reputation is already tarnished as an unprincipled man working for an illegitimate government.

From then on, everything you say is irrelevant, as any law can be interpreted in many ways depending on which side of the fence you are on, which is why we have a great legal fraternity.

There is no need to bore us with their justifications, as we can see their true colors.

READ MORE: YOURS | Who are you trying to convince, Art Harun?


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