Monday, May 11, 2009

Perak Constitutional Crisis - A Structural Overview and Objective Analysis

Finally, a judicial ruling has been made on who is the legitimate Menteri Besar of Perak. It is a ruling that is consistent with the decided legal authorities in Malaysia as have been discussed in my previous postings. The actual grounds of judgment and legal reasons are (at the time of the posting) not yet available. I have however analysed the cases pertaining to the dismissal of Chief Ministers before the ruling at and offered, what I believe, are the legal solutions available to the courts. Many opinions have been offered on the Perak constitutional crisis but it is important to objectively consider the legal authorities devoid of any political orientations or inclinations. The ruling may not bring an end to the crisis as the Barisan Nasional is already considering an appeal.

The words of Harley Ag. CJ in Stephen Kalong Ningkan No.1 should be heeded ‘(t)hat political solution may well be the only way to avoid a multiplicity of legal complications. Possibly all parties, and the people of this nation, in whom sovereignty is supposed to lie, will wish the same solution.’

No comments: