SEIZE THE DAY, PAKATAN – UP THE ANTE ON MAHATHIR’S COLD & CALCULATED LIE TO GULL MALAYS AHEAD OF STATE POLLS – NOWHERE DOES THE CONSTITUTION STATE ‘MALAYNESS’ MUST BE IMPOSED – IN FACT, THE ONLY WRITTEN-OUT SPECIFIC IS THAT ALL PERSONS ARE EQUAL BEFORE THE LAW & ENTITLED TO EQUAL PROTECTION
Bastian Pius Vendargon says some principles of parliamentary democracy are not explicitly stated in the constitution.
PETALING JAYA: Legal experts say former prime minister Dr Mahathir Mohamad has misunderstood the Federal Constitution by claiming that promoting a multi-ethnic country goes against the constitution.
Constitutional lawyer Bastian Pius Vendargon said Mahathir’s claim was incorrect as Article 8 of the constitution states that all persons are equal before the law and entitled to equal protection.
He also said the constitution does not seek to impose “Malayness” on others or exclude people of different ethnic backgrounds, although it recognised Malay rights and Islam’s special position.
“Just because it doesn’t say anywhere in the Federal Constitution that Malaysia is a multi-ethnic society doesn’t mean it is not,” said Vendargon.
Vendargon said a fundamental principle of parliamentary democracy – that of the separation of powers between the executive, legislature, and the judiciary – was not stated in the constitution.
“If you read it from cover to cover, you will never find it stated there,” he said. “Yet it has repeatedly been said in Federal Court decisions that when you analyse and appreciate the full depth of the Federal Constitution, it is quite clear that the separation of powers is part of Malaysia’s Westminster-modelled constitution,” he told FMT.
He said special privileges did not apply only to the Malays but also to certain other groups of people, namely the Bumiputeras, the natives of Sabah and Sarawak, as well as the aboriginal people in West Malaysia.
“So, if you look at that, you will appreciate that the entire reading of the Federal Constitution and understanding the fabric of the constitution in depth will tell you that Malaysia recognises every one of its citizens and has given them all the various rights.”
Philip Koh, an adjunct professor at Universiti Malaya, described Mahathir’s interpretation of the constitution as a “travesty”.
Koh said the constitution promotes a democracy that is conducive to building a multi-ethnic country, while recognising the role of Islam and the Malay’s rights.
“However, these constitutional recognitions do not negate the fact that, on the whole, the Federal Constitution is meant to protect a liberal democratic (political landscape).
“I’m not saying that valid contestations do not arise in any one instance as to how the constitution is interpreted, but to say that promoting multi-ethnic constitutional order is unconstitutional is a travesty of any interpretive approach (to the constitution).
“The Reid and Cobbold commissions, backdrop of Merdeka and formation of Malaysia, all affirm that we are a liberal democracy and not a race-based autocracy,” he said.
Koh said those espousing a misinterpretation of the constitution could cause unease among the people and be detrimental to the nation’s well-being. FMT
Put an end to Dr M’s venom and lies
Action should be taken against the former prime minister over his incendiary statements which stab decency in the back.
A bigger question is why do the Malaysian media give a platform for a “has been” politician to spew venom when he should have retired. Why encourage such hatred and bigotry when it’s obvious he is dying for attention?
I suppose the current government is concerned about taking to court a man who is nearly 100 years old. He could end up in jail and be turned into a martyr.
But we should not let age be a deciding factor. If someone spews venom, it has to be dealt with.
You cannot let Mahathir and Abdul Hadi Awang for that matter – who has been blaming non-Muslims for various things – to keep stabbing decency and civility in the back.
The government must not tolerate such behaviour on account of their age.
Why put at risk the happiness of over 30 million peace-loving Malaysians just to “save face” of two politicians?
If this is not insanity, I don’t know what is. FMT
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