Experts: Malaysia’s Federal Constitution Amendment Ensures Compliance with All Aspects of Law | Malaysia

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Dewan Rakyat chairman Datuk Azhar Azizan Harun chairs a meeting in parliament in this file photo taken December 15, 2020. ― Bernama pic

KUALA LUMPUR, April 9 – The decision not to table the Anti-Party Hopping Bill at the special Dewan Rakyat meeting on Monday to make way for the tabling of a constitutional amendment reflects the meticulousness of the government, according to constitutional experts and legal.

They are of the view that the decision to prioritize the amendment of the Federal Constitution involving the enactment of an Enabling Clause under Section 10 to allow a new law prohibiting MPs from changing parties does not does not mean that the government is playing tug of war.

Instead, the careful and cautious steps taken by the government, they say, are aimed at ensuring that there will be no discrepancies in all aspects of the country’s legislation in the future.

Article 10 of the Federal Constitution deals with freedom of expression, assembly and association.

Professor Datuk Dr Shamrahayu Ab Aziz said the government’s decision to amend the Federal Constitution was prompted by a case that unfolded in Kelantan in 1992, where the Supreme Court ruled that the anti-party provision in the constitution of the Kelantan’s government was invalid because it was unconstitutional. .

“In this case, the deputy joined another association, so the Supreme Court said that a deputy can leave his party and change parties because he has the right to freedom of association.

“If the decision of the case is adopted, any law that contradicts the Federal Constitution will be declared invalid. Therefore, if the government wants to introduce the Anti-Party Hopping Bill, the essence of which is to make an MP lose his seat, (this) means that he does not have freedom of association,” said she told Bernama here today.

The holder of the chair of the Institution of Malay Rulers at the Universiti Teknologi MARA (UiTM) said that the amendments to the Federal Constitution required the support of a two-thirds majority of the members of Dewan Rakyat and Dewan Negara for the second and third readings.

Agreeing with Shamrahayu’s view, legal expert Assoc Prof Dr Muhammad Fathi Yusof of Universiti Teknologi Malaysia (UTM) who said the amendment should include exemptions on freedom of association to avoid legal implications in the future.

He said the government’s correct decision, however, must be expedited before the next general election.

“It’s just that the effort to implement the anti-party jumping law has been going on for some time and we really hope that the government will take immediate steps so that it can be expedited, especially before the next election. general.

“The law will prevent party jumps that affect the mandate given by the people and will also open space for corruption among political leaders,” he said.

Meanwhile, Syariah faculty at Universiti Sains Islam Malaysia (USIM) and law professor Dr. Intan Nadia Ghulam Khan said the measures taken by the government are the right ones for the country’s political stability.

Based on Article 10 Clause 1(c) of the Federal Constitution, she stated that all citizens have the right to form an association, while Article 10 Clause 2(c) provides that the Parliament may by law impose such restrictions as it deems necessary or expedient in the interests of the security of the Federation or any part thereof, public order or morals.

“I am of the opinion that it is necessary to amend the constitution before the bill on party skipping is tabled in Parliament so that it does not conflict with the provisions of the Federal Constitution. We look at the stability factor from a political point of view in particular.

“We really hope there will be an anti-hopping law because we have seen instability due to this factor,” she said.

Earlier, Prime Minister’s Department (Parliament and Law) Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the anti-partisan bill would not be tabled in Dewan Rakyat’s special session on Monday.

However, he said the Special Sitting will continue as scheduled to introduce and debate the Constitution (Amendment) Bill 2022 (No. 3).

The Anti-Party Leap Constitution (Amendment) Bill will be introduced, debated and passed in another special session of Parliament to be determined later. — Bernama

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