Experts: Constitution needs to evolve

Many believe changes and amendments must be made to keep up with times

PETALING JAYA: Amendments to the Federal Constitution are needed to keep up with the times.

Universiti Malaya emeritus professor of law Datuk Dr Shad Saleem Faruqi said around the world, constitutions permit change and growth to evolve.

“Even a previous amendment can be fur- ther amended,” he said when contacted.

Dr Shad said this after Johor Ruler Sultan Ibrahim Ibni Almarhum Sultan Iskandar had recommended that several amendments made to the Federal Constitution in the past be rectified to suit the current situation.

Dr Shad said he did not wish to speculate on what amendments the Johor Ruler had in mind.

However, he said the process of amending the Constitution is not straight-forward.

“The provisions permitting amendability are subject to two limitations. First, some provisions that are part of the ‘ basic structure’ are unamendable,” he said.

Dr Shad said included in this “unamendable” category may be fundamental bargains and compromises on ethnic, religious or regional issues.

“Second, constitutional provisions are not amendable in the manner of ordinary laws. The Constitution is entrenched,” he said.

He added that for the more entrenched provisions, the consent of persons or authorities outside of Parliament may be mandated.

Meanwhile, constitutional lawyer Syahredzan Johan said he agreed that amendments needed to be made to the Constitution.

“The Constitution has already been amended many times before but I believe that certain amendments should be made in order to bring reforms to institutions,” he said.

On Thursday, the Sultan suggested that the Constitution, which had been enforced in the country since independence in 1957, allowed parliamentary democracy and constitutional monarchy to be the backbone of the nation’s administration.

“If the amendments made in the past give bad consequences on this very day, then I suggest the matter should be rectified to guarantee that the rule of law be maintained,” said Sultan Ibrahim.

He also said to ensure the country’s stability, the power of separation system of the Government’s three main branches – the executive body, legislation and judiciary – must be maintained.

“The three main components must be free,

If the amendments made in the past give bad consequences on this very day, then I suggest the matter should be rectified to guarantee that the rule of law be maintained Sultan Ibrahim Ibni Almarhum Sultan Iskandar

have the right to decide on their respective jurisdiction and no party has the absolute authority over the other.

“If the power of governing, enacting laws and judging is given to only one person or one institution, then it will only encourage autocratic rule with no check and balance,” he said.

The Ruler stressed that judges and judiciary officials must be free from interference.

Sultan Ibrahim said that even Rulers were subject to the law and could not intervene in the judicial process.

“I believe that all judges are bold enough to make a fair and just decision to uphold justice.”