Wednesday, February 4, 2009

Can the Sultan refuse the request for dissolution of State Assembly?

The constitutions of both Federal & State provides that the State Legislature shall consist of :-

"Legislature of the State -
The Legislature of the State shall consist of the Ruler and one House, namely, the
Legislative Assembly."
The Sultan or the Governor (where relevant) is part of the State Legislative Assembly and it may not function without any one of its component.

"The Ruler may prorogue or dissolve the Legislative Assembly".
The word used in the Constitution is "may". Meaning it is not compulsory or mandatory. In the event the period of 5 years had elapsed, the Assembly is then dissolved in accordance with the operation of the law. Will it be constitutional for the Sultan to refuse any request to dissolve the Assembly made by the Menteri Besar?
Let us wait and see if that situation will happen in Perak. The Sultan was the Lord President of the Federal Court when I was just an SAR (Senior Assistant Registrar of the High Court of Malaya at Kuala Lumpur in 1982).
Surely it will be interesting...

2 comments:

  1. Dato'Sam,very interesting....lah,In law has to act on the advice of MB.

    ReplyDelete
  2. If I were the Sultan of Perak, I would run the state of Perak myself !.

    Is this possible ?. Is there anything in the constitution that prevents this from happening ?.

    islandman

    ReplyDelete

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