KUALA LUMPUR – The Malaysian Bar will be seeking a declaration at the high court that certain provisions in the federal constitution relating to emergency proclamations are inconsistent with the basic structure of the nation’s most supreme legal document.
Bar president AG Kalidas said that there are concerns with the ongoing state of emergency, particularly the provision on emergency ordinances.
These ordinances act as law during times of emergency, and can be enforced by the government without the hassle of parliamentary procedures.
“The emergency ordinances have resulted in more powers being conferred on the executive, while constitutional safeguards such as parliamentary scrutiny and accountability have been reduced,” Kalidas said in a statement today.
In particular, he pointed to ordinances that hinder the powers of Parliament and state legislatures, reduce free speech by criminalising fake news, and entrench the executive branch of government at the federal and state level.
“It is important that under all circumstances, the rakyat is not deprived of the fundamental protections and procedural safeguards enshrined in our federal constitution,” he stressed.
Thus, the Malaysian Bar will be seeking a declaration in court that:
- Provisions in the federal constitution relating to emergency proclamations, which in their literal interpretation are “overbroad and unconstitutional”, are inconsistent with the basic structure of the federal constitution
- Article 150(3) of the federal constitution requires the prime minister to advise the king to summon parliamentary meetings for the august house to deliberate emergency proclamations and ordinances
The Bar will also be seeking that certain provisions, specifically for emergency ordinances, are in effect unconstitutional, and thus null and void.
“The Malaysian Bar has commenced this legal action in furtherance of its statutory duty to uphold the cause of justice and pursuant to the resolution adopted by the Malaysian Bar at its 75th annual general meeting held on March 13,” Kalidas said. – The Vibes, April 16, 2021
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