Opinion

Is cabinet superior to Parliament? – Howard Lee

Using loopholes to subvert nation’s democratic institutions, avoid accountability may have lasting repercussions

Updated 5 years ago · Published on 22 Jul 2021 11:00AM

Is cabinet superior to Parliament? – Howard Lee
The federal cabinet as the executive branch of government is exercising all its powers and exploiting all legal imperfections to circumvent its parent body, the legislature. – Bernama pic, July 22, 2021

by Howard Lee

WHAT we see before our eyes in Malaysia today is nothing less than a heinous perversion of the very democratic institution that is supposed to protect national interest – committed by those who are in power to preserve their own political agenda at the expense of the spirit and substance of democracy itself.

We see that Parliament proceedings are being stifled, even relegated to mere one-way forum for the executive to “brief” MPs on the emergency, a matter of grave national urgency and importance.

Honourable elected members of the superior and august Parliament are dishonoured. They are being denied their rights to assess the government by debating and voting on the emergency and the ordinances promulgated thereunder.

The executive is exercising all its powers and exploiting all legal imperfections to circumvent its parent body, the legislature, from assessing its decisions and actions and ultimately avoiding its own likely fall from grace. 

Not allowing any motions to be voted on, whether it be a confidence motion or a motion to accept or reject the emergency vis-a-vis allowing or otherwise for its effects to remain in force for another six months, these are all clear evidence of in fraudem legis abuses of the prerogative of the executive.

It is also abundantly clear that positions and actions taken by the speaker of the lower house, of passively allowing the government’s agenda to block legislative assessment of the executive’s policies and legitimacy, is a flagrant display of political puppetry by the supposed subordinate executive.

The ills of our nation are much deeper than having an incompetent, failing and traitorous government. The aggregate actions over the last 18 months by these political “undeads” who are haunting and terrorising the corridors of power, have created a much deeper problem that is unravelling and dismantling the very foundations of this nation we call home.

Prime Minister Tan Sri Muhyiddin Yassin needs to bite the bullet and hand back over power to Parliament. – File pic, July 22, 2021
Prime Minister Tan Sri Muhyiddin Yassin needs to bite the bullet and hand back over power to Parliament. – File pic, July 22, 2021

Parliament, the legislature, the voice and representation of the people, which is supposed to be the supreme power in our constitutional existence as a country has been rendered subservient to the executive. This is against the very DNA of a parliamentary democracy.

The executive is manipulating and abusing its privileges of power, using every trick in and outside of the book, to escape accountability and to cling on to power.

There is no honour nor benefit in extending the hold on power other than individual power, especially when there is abundant evidence that the current executive is failing miserably.

Everyday norms of Parliament and state assemblies enshrined in their respective standing orders like ministerial question time, motions, bills and their debates and voting are all features that exhibits and demonstrates the superiority of legislatures over the executive.

Yet, we are embroiled in this perversion of power dynamics, where legislatures are being manipulated and subordinated to the whims and fancies of the executive. Prime Minister Tan Sri Muhyiddin Yassin needs to bite the bullet and hand back over power to Parliament to determine the fate of his government and more importantly the people.

If it transpires that he survives a confidence motion, then he will be free and unshackled to carry out whatever his executive sees fit, and Malaysia will continue to spiral into further darkness. If he does not, at least he will be remembered for setting our democracy back towards the right path.

And the right path is where the cabinet is subservient to Parliament, not the other way round. Lest we forget, the Parliament represents vox populi, vox dei – suara rakyat, suara keramat. – The Vibes, July 22, 2021

Howard Lee is DAP Youth chief and Pasir Pinji assemblyman

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