Tuesday, March 10, 2009



Aku sangka aku saorang sahaja yang tidak begitu faham perlembagaan, tak kiralah perlembagaan Malaysia, atau ke perlembagaan negeri Perak atau mana mana perlembagaaan. Tetapi rupanya mereka yang dibidang undang undang pun sama je.

Bila dengar pak menteri ulas hal krisis politik di Perak, nampak mereka tu sebenarnya bengap hal undang undang dan perlembagaan. Sebab itu mereka ni fumble tak habis habis.

Cuba perhatikan perkembangan hal ini:

KUALA LUMPUR: The Federal Court will deliberate on whether the Sultan of Perak’s decision to not dissolve the State Legislative Assembly can be challenged.

The apex court would also determine if the Sultan’s appointment of Datuk Dr Zambry Abd Kadir as the new Mentri Besar was valid.

High Court judge Justice Lau Bee Lan, who pronounced the questions in open court for referral purposes Tuesday, said she had considered four questions of law tendered by Senior Federal Counsel Datuk Kamaluddin Md Said with respect to the Perak Constitution.

They are:

1) Whether the withholding of consent to a request for the dissolution of the State Legislative Assembly of Perak under Article 16 (6) read together with Article 18 (2) (b) of the Perak Constitution by the Sultan is justiciable;

2) If the answer to the question is in the affirmative, then is the witholding of consent by the Sultan lawful;

3) Whether the appointment of the new mentri besar, under Article 16(2) (a) read together with Article 18(2) (a) of the Perak Constitution, by the Sultan of Perak was justiciable; and

4) If it is in the affirmative, then is the new mentri besar’s appointment valid.

In his suit filed on Feb 13, former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin challenged the legitimacy of his successor Dr Zambry and the new state government.

Nizar’s lead counsel Sulaiman Abdullah had objected to the four questions tendered by Kamaluddin saying that they did not arise from the application for declarations and judicial review.

“Those questions are irrelevant to our application and we submit that whatever answers the Federal Court may give will not be finally determinative of the issues that have arisen,” he said.

Last Friday, the court had referred Nizar’s bid to the Federal Court. Justice Lau had ruled then that these were matters pertaining to the interpretation of Article 16(6) of the Perak Constitution. She immediately ordered a stay of the judicial review proceedings at the High Court.[the staronline]

Sekurang kurangnya aku pernah merangka sebuah perlembagaan.

Perlembagaan sebuah pertubuhan anak yatim.