Constitution: Court can’t question assembly proceedings

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The Federal Court has ruled on the suspensions in the Perak State Assembly.

What does Article 72 of the Federal Constitution say?

(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.

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nkkhoo

cdecks on April 20th, 2009 at 2.04pm

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Even Dr. Mahathir disgareed with the way Perak real MB was sacked…

Sultan, speaker, Zambry and Nizar all of them are not above the law.

Without the rule of law in place, this country will be transforming into another Thailand very soon.

cdecks

Dear All, THe Constitution is the Supreme law of the land. Therefore, Sivakumar must follow the law. He is NOT above the law. He also MUST ALWAYS remain impartial as a speaker and not take sides like what he is doing now. He cannot usurp the functions of the Monarch as the Monarch is the ONLY person that can summon the Assembly. So people get it right. Under the Constitution of Perak, the MB is the person who seeks the audience with the Monarch to ask for the assembly to be called and the MOnarch shall then issue a proclaimation.… Read more »

qunimade

If someone does not respect the Constitution, then who is in contempt to the court?

Then if someone who is supposed to uphold justice yet he deliberately goes against the Constitution, is he not in contempt to the court?

muhammad khalifah

BAR COUNCIL DO SOMETHING!!!!!

my...

Why are we surprised by the court’s decision/pronouncements? I am not….

nkkhoo

dev on April 18th, 2009 at 8.03pm Well people it is very simple, all Speaker Siva has to do is to say that he will not abide by the Federal Court’s declaration. He is protected by the Federal Constitution therefore he need not worry because as usual the opponents have made another mistake in their quest to take the matter up to the Federal Court.This will be the final nail on the BN government, the people will know that the only way to put an end to this rot in all institutions of government is to completely vote them out… Read more »

nkkhoo

poppycock on April 18th, 2009 at 4.51pm

As I see it only the KING can come to the rescue of our Constitution….

====================

A daylight dream…

nkkhoo

If these jugdes and BN respect the rule of law,

– Perak MB shall be decided by the assembly, not by Sultan.
– The law and constitution shall not be applied to BN only.

LJM

Well. This does present an opportunity in the Dewan Negara. Opposition MPs should now find a similar circumstance to challenge the orders of the Speaker of the Parliment in the courts. Then we shall see which way the courts rule. Either way they rule, the results will be telling and interesting to say the least. Mahathir had already warned BN about using the courts vs. speaker in this way. Let’s make this happen and play their game. 1. if the courts slap themselves on the face and rule contrary to this ruling on the Perak Dewan Negeri and come out… Read more »

wandererAUS

… Are they for real?

Peter

No way to run.
Judiciary pun …
Police also big mouths
MACC tak boleh percaya.
Where can I turn to now?

frankie

After the ‘correct correct correct’ episode, you guys still think things go the correct way?…

chris

so can or can’t they attend the meeting???…

Moonrider

Just assign a judge to replace the speaker, speaker is a position which is consider useless, cannot declare vacant seat and cannot suspend …

Whatever the speaker do , the court will overrule .. so why need the speaker .. why need a sitting .. why need to pass any motion …

Pls remember , law and act are passed in parliment .. so Legislative Assembly is above the law ..

Wonder is everyone is queueing the police station to summon the speaker parliment for suspend gobind ..

dev

Well people it is very simple, all Speaker Siva has to do is to say that he will not abide by the Federal Court’s declaration. He is protected by the Federal Constitution therefore he need not worry because as usual the opponents have made another mistake in their quest to take the matter up to the Federal Court.This will be the final nail on the BN government, the people will know that the only way to put an end to this rot in all institutions of government is to completely vote them out come the next General elections. It will… Read more »

telur dua

It’s like they threw the Constitution into the rubbish bin….

pelanuk

Well, Gobind should now go to Court, cite this as precedent, and overturn his suspension!

Kenny

It’s clear that Sivakumar can disregard the decision of the court as article 7(2) and 7(3) will protect him from any action for contempt of court.

This reinforces the principle that the judiciary has no power over the Legislative.

Sam Yap

Anil, I believe that if we have an apolitical professional survey organization to conduct a true random survey amongst Malaysians, the results will show that more than 50% of the rakyat are not fools. …

…the good thing is, truth will always triumph in the end. Its funny how it always does, but I am sure the BN government wouldn’t find it very funny, not when we throw them out in the next GE.

poppycock

As I see it only the KING can come to the rescue of our Constitution….

observor

…I hope the people will open their eyes to save this country, our country!! and not let our backs turn to possible change. Give those who fight a chance and support them by your votes.

Das

I read that Augustine Paul was one of the judges! Remember Anwar’s sodomy 1….!

Das

songsar

No wonder in any negotiations where an agreement is to be made, one of the clause is that “in the event of an arbitration being held, it should be heard in Singapore or HongKong”….

Jong

Who is talking about Constitution? Democracy is dead and there seems to be lawlessness in Bolehland. And the grand ‘GUARDIAN’ just don’t seem to care, why? Two wrongs does not make one right, does it?!!!

Voter

Zambery n Gang asked for 10 declarations and got only 2, namely decision of Speaker Sivakumar to suspend him dan Geng are null and void. Some DAP leaders said, it was the Committee of Special Privileges of which Sivakumar is Chairman that made the decision to suspend while the Perak DAP said, the Committee’s decision was ratified by the tree Assy. So Fed Crt is right lah. Zamberi n Geng can’t attend the Leg Assy since the Fed Crt had not declared the Committee’s or tree Assy’s decision null or void. Art.72 only says Leg Assy proceedings which might include… Read more »