Volume 20 No 12 (2022)
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PRESERVING RIGHTS TO LIFE OF THE PEOPLE WIT HIN THE CLASHES OF TWO CRIS IS: UNLOCKING T HE MALAYSIAN RULER’S PREROGATIVE POW ER
N., Abdul Aziz, M., Mohamad Mangsor and N. E., Rahmat , R., Ristawati , A.H., Zainudin
Abstract
The spread of the Covid19 pandemic has shaken the life of people across the globe. For Malaysia, the struggle to reduce the growth of the pandemic is intruded with the political turmoil that has in many ways impair the people’s rights to life. During this striving episode, respect towards the wishes of the voters is destroyed by the elected representative greed of power and money politic. When the people elected their representatives, they put hopes on the government to ensure the preservation of acceptable quality of life. However, the political scenario has destroyed their hopes. This study intends to critically discuss the constitutional framework on the prerogative power of the Yang Di-Pertuan Agong (YDPA) during the clashes of two crises (spread of Covid19 pandemic and political turbulence). The Federal Constitution accords the YDPA with discretionary power among others to proclaim emergency in time of crisis and to resolve political turmoil by dominating the appointment of the Prime Minister and to dissolve the Parliament. However, these powers are limited by the concept of constitutional monarchy that forms the fundamental structure of the Malaysian constitution. Often, the exercise of the prerogative power by the YDPA was challenged on the ground of unconstitutionality. This study adopts a qualitative approach to the gathering of data through doctrinal study. A thorough analysis of the relevant legal framework, strong scholarly views, and legal cases are made. It utilizes the normative method where the fundamental discussions are based on a normative approach with content analysis on the topic of the prerogative power of the rulers. Diagrams and tables assist in explaining the outcome of the research. The findings of the study portrayed that although the prerogative powers are restricted by the Federal constitution, yet the actual scope of prerogative power is wider especially in times of emergency. The outcome of the study may assist the government, policymakers, and stakeholders to map room for reformation within the scope of these prerogative powers to ensure democracy can be preserved in Malaysia.ach manuscript should contain an abstract of about 200 words and should be typed using Arial, Font size 10. The manuscript hasto be camera ready.
Keywords
Ruler, Chief Minister, Prerogative power, Constitution, YDPA
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