The Power Of The Palace

Malaysia Today
March 27,2008

By TAY TIAN YAN

The people now can understand that the Malay rulers are indeed having a major power in a constitutional monarchy country like Malaysia. It is actually incorrect to the general perception that Malay rulers are only symbol in this “powerless monarchy” system and perform only ceremonial duties.

In most democratic countries, particularly the Commonwealth countries, powers are separated into executive, legislative and judicial. These three powers have their own rights, while upholding each others for checks and balances to avoid power imbalance, which will harm the interests of the country and the people.

However, the Malaysian constitutional system has its own characteristics. It doesn't follow entirely the practice of “separation of powers”. Malaysia's constitutional system has given the rulers the important powers. In another word, the palace can be said as the informal “fourth power”.

"At that time, the palace who has been low-keyed for long time started to show its influence."

The constitution set up in the 1950s provides the Malay rulers with such powers. Perhaps, it is to show our respect for the feudal traditions of the Malay community, as well as to give a second layer of protection to the Malays and Islam. In other words, if the Malays lost their political power, they can still enjoy their political status under the power of the Malay rulers.

Of course, as the political status of the Malays is getting stable, with the UMNO control huge political power, the power of the palace is getting a low profile.

Even so, the contradictions between the executive powers and the monarchy power are inevitable.

When former Prime Minister Tun Dr. Mahathir was in power in the 1980s, he launched the campaign to amend the constitution. Since then, the law can be adopted and become effective without the assent from the Yang di-Pertuan Agong (Supreme Head of State). In the 1990s, once again Mahathir weakened the monarchy power by withdrawing their royal immunity.

These two incidents have weakened the powers of the palace. In the contrary, the UMNO-led executive powers is constantly expanding. Over the past 20 years, the executive powers overrode everything. The legislative and judicial powers were weakened, and lost the power of checks and balances.

At that time, the palace who has been low-keyed for long time started to show its influence. Perak Regent Raja Dr. Nazrin Shah continues to speak and express his views publicly. He criticised corruption and power abuse. He urged the building of a country of genuine democracy, moderate, unite and pluralism.

Sultan Sharafuddin Idris Shah of Selangor has made his comments on corruption, environmental protection, governance and other issues. He even scolded late Datuk Zakaria Md Deros, and the latter can no longer be arrogant and continue to be the state assemblyman for Perlabuhan Klang.

Sultan Mizan Zainal Abidin of Terengganu is also the current Yang Di-pertuan Agong. He is very concerned about corruption issues and has constantly made suggestions. Last year, Sultan Mizan replaced the Chief Justice Ahmad Fairuz, whose image pales in comparison to a competent and independent Datuk Abdul Hamid Mohamad. The people are impressed.

The ability of the new generation of the Malay rulers is recognised. Their vision is being praised. More importantly, they show their concern for the future of the country.

The royalty is re-establishing its credibility, and has received wide support from the people. Many people believed that the royal family has played an active role in the system of checks and balances.

Therefore, when the Terengganu royal family does not accept the former Menteri Besar Datuk Seri Idris Jusoh and appointed Ahmad Said, the people widely believed that the royal family will have his legitimate reasons. It is the same for the case where Perlis Raja doesn't accept Datuk Seri Shahidan Kassim as the Perlis Menteri Besar. It doesn't bring much controversies.

Moreover, when UMNO was defeated in the general elections, they have also lost a strong dominant position. Even if they are dissatisfied with the royal family, they can't defy them. At the very least, they can't no longer talk about constitutional amendment after they lost the two-third majority.
(Translated LEE MEI NYEE/ Sin Chew Daily)