1. We need to be very alarmed of the grave consequences of a Proclamation of Emergency. A Proclamation of Emergency can only be issued when a grave emergency exists whereby the security, or economic life, or public order in Malaysia is threatened.
2. A political emergency for the powers that be is not a ground for emergency. The failure to pass a budget in Parliament is not a threat to economic life, it’s just part of democracy.
3. Once a Proclamation of Emergency is in operation, the Prime Minister is empowered to make laws without going through Parliament by way of ordinances promulgated by the YDPA (the YDPA acts on advice of the Prime Minister).
4. Such laws:
1. Would be valid even if it is inconsistent with the Federal Constitution except for matters related to religion, citizenship, language, Malay custom, or Sabah and Sarawak native law and custom; and
2. Cannot be questioned by the courts.
1. Would be valid even if it is inconsistent with the Federal Constitution except for matters related to religion, citizenship, language, Malay custom, or Sabah and Sarawak native law and custom; and
2. Cannot be questioned by the courts.
5. This means the PM could pass laws which would have the effect of violating our fundamental liberties under Part II of the Constitution (Right to life, equality, freedom of movement, right to property, freedom of speech etc) This is what happened under the Emergency Ordinance
6. It doesn't stop there. The Prime Minister could also amend the Federal Constitution without going through Parliament and without 2/3 majority.
7. He could amend Article 55(1) to remove the requirement for Parliament to convene within 6 months between sittings. He could even amend Article 55(3) to extend Parliament’s lifespan of 5 years indefinitely.
8. Theoretically, we may not have another Parliamentary sitting until the Prime Minister decides otherwise. Without our representatives in Parliament, there will be no check and balance on the executive, no accountability.
9. Imagine during the pandemic where greater accountability and greater transparency is needed from the government, we are suddenly at risk of having none.
10. Make no mistake that our democracy is at stake here.
We must question, we must challenge, we must resist.
We must question, we must challenge, we must resist.
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