How to avoid a political crisis… just go back to the people
No British monarch has rejected an application to dissolve its parliament, and similarly in Perak, Sultan Azlan Shah should have dissolved the state legislative assembly when ousted menteri besar Mohd Nizar Jamaluddin made an application.
Constitutional lawyer, Tommy Thomas said throughout British history there was never any attempts made by the monarchy to reject a prime minister’s application to dissolve the parliament.
He said this at a forum held at the Bar Council titled: “Perak Crisis: Constitutional, Legal or Political”.
Thomas noted that throughout Commonwealth history there was only one instance when the Canadian governor, Lord Julian Byng, did not accede to the request of its Prime Minister Arthur Meigen to dissolve parliament following an impending vote of no-confidence.
“It resulted in somewhat undesirable effect akin to what we see in Perak. To avert a crisis, it is wise for the rulers to accede to a request to a dissolution like in the Perak matter,” Thomas noted.
Snap elections will resolve the issue
“When there is a political problem and when faced with possible constitutional problems, go back to the people. You will never go wrong,” he said.
As in the case of Perak, Thomas said although we have a constitutional monarchy and they have the prerogative, questions are being raised over what if they (royalty) are wrong in not approving the dissolution.
Hence, the senior lawyer said to prevent such a scenario, it would be wise to go back to the people.
“Let them decide whether they want Pakatan Rakyat or Barisan Nasional,” he said, adding the Perak impasse should not have to go through the courts and that there should have been snap elections to resolve the present scenario.
Besides him, the other panelists were senior lawyer Muhammad Shafee Abdullah and Aliran exco member and economist Dr Subramaniam Pillay.
Approximately 100 people attended the forum which was moderated by Bar Council president Ragunath Kesavan.
