Monday, November 21, 2022

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 


The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 


Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END 

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The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.

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