Friday, December 11, 2009

CONFUSING THE CONSTITUTION?





IN 1975, back when Justice Raja Azlan Shah (as his royal Highness then was0msaid this of the FederalConstitution:

The constitution is not a mere collection of pious platitudes. It is the supreme law of the land embodying three basic concepts:

One of them is that the individual has certain fundamental rights upon which not even the power of the State may encroach.

The second is the distribution of soverign power between the States and the Federation’

The third is that no single man or body shall exercise complete sovereign power, but that it shall be disyributed among the Executive, Legislative and Judicial branches of government, compendiously expressed in modern terms that we are a government of laws, not of men.

This third concept alluded to by His Highness is better known as the SEPERATION OF POWERS.

His Highness’ wise words of yore must surely strike any right-thinking member of society as being correct.

Fast forward to 2007, when Justice Abdul Hamid Mohamad, sitting in the august Palace of Justice said:

What is this doctrine of separation of powers?.....It is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power…..To what extent the doctrine applies depends on the provisions of the Constitution……The doctrine (of separation of power) is not a provision of the Malaysian Constitution even though, no doubt, it had influenced the framers of the Malaysian Constitution, just like democracy.

 Maha Balakrishnan, co-chair of the ConstiLC, in Off the Edge, ask:

"So what is this thing called the separation of powers? And what happened between 1975 and 2007 to make the upper echelon of our judiciary think  that it was no longer a part of our Constitution?"


+++++

I took the liberty of lifting this portion from Off the Edge to share with you people. I also took this liberty on the rationale that, since it was first out in September 2005, I have never missed a month…….if that is a good enough reason to take such liberties. I also took this liberty on the premise of what my former boss told me : It is easier to ask for forgiveness than to ask for PERMISSION.  However, I am saying sorry, before …….somebody (from the EDGE) throws me off the edge.





8 comments:

Anonymous said...

It is lagi easier for a camel to go through the eye of a needle la !!

Anonymous said...

If there was an award for “Sell-Out Journalist of the Year” it would go hands down to The Sun’s Ng Kee Seng.
Ng Kee Seng is now the new Executive Editor of The Star after his recent blatantly once-sided articles and news stories in favour of Ong Tee Keat and in complete ignorance of all other points of view.
Leslie Lau of the MalaysianInsider was spot on when he referred to Ng as an "undistinguished veteran journalist".

Sklau said...

Definition of 'Separation of Powers' from the Cuncise OxFart Dicktionary.

'Separation of powers' is the fusion of powers of all branches of governance including the Judiciary, The Monarch, The Police Farce The Press or whatever estate that is beholden and subservient to the ruling elite primarily for power or monetary gain at the total expense of its citizen.

Anonymous said...

CAKAP tak serupa BIKIN.

Anonymous said...

The Unprincipaled did not walk the talk but shit, he cocked the talk!

Zorro's fan said...

Is this The Edge the same as "The only mag I read since Sept 5" OFF THE EDGE?

I would want to read the same to see if what you read is the same as what I want to read. Perhaps a post about what is it to make that mag so precious to you? and perhaps as appreciation to OFF THE EDGE you should make that picture an active link to your precious mag, please?

Manature said...

What can we do to make separation of power a reality for Malaysia?

zorro said...

Dear Fan, the same. However this mag cannot be read online. It was Rm6 since 2005, but the price is doubled this December (explained in editorial)but it is worth it. Go get a copy and decide if you like it or otherwise. The annual awards they are credited with speaks for the mag.

Thanks for "Blogger tips & tricks" link.