‘Federal Court second mechanism to advise rulers’

PUTRAJAYA: The Federal Court is the second mechanism after the government to advise the institution of Malay rulers on the Federal Constitution, including issues on dissolution of Parliament and declaration of a state of emergency in the country, according to law lecturer at Universiti Islam Antarabangsa ( UIAM), Assoc Prof Dr Shamrahayu Abdul Aziz.

She said the Federal Court would step in when the views and advice by the government were not in line with the Federal Constitution.

“The rulers also have the right to determine that such advice needs to be understood more clearly or with more details.

Otherwise, the institution will be rendered not credible.

“That is why, the constitution has provided another mechanism, which is to refer to the Federal Court,” she told Bernama after a dialogue ‘Malaysian Constitution: Role and Jurisdiction of the Rulers’ at the ‘ Memperkukuh Pasak Negara, Ke Arah Wasiat Lebih Tersurat’ ( Strengthening National Pillar: Towards A More Tangible Will) Convention here yesterday.

Shamrahayu, who was one of the panel members for the dialogue, said the Federal Court should give its views in an open court.

She said the country’s system of constitutional monarchy was not merely a symbol as its function was to ensure the country’s administration was in tandem with the provisions in the Federal Constitution.

As constitutional monarchs, she said the rulers would not merely act on the advice of politicians, namely members of the cabinet or the prime minister, but also other institutions.

“For example, in the appointment of a prime minister, we see that the King in his opinion can decide on who has the confidence of the MPs.

“Does the ruler’s opinion has to be verified by anyone? In the constitution, it says no. In some countries, it has to be verified by Parliament. This shows the discretion of the ruler is clear,” she said. — Bernama