Malaysia – Democracy was a stillbirth


Dictators rule the country. Democracy is just another word. The people are subjugated and enslaved by a fancy word and ruled by a rotten system which was shoved down our throats when we achieved “independence” from the British Empire on 31, August 1957


MALAYSIAN MEMBER OF PARLIAMENT (MP) 101

A parliament is a legislature. More specifically, “parliament” may refer only to a democratic government’s legislature. The term is derived from the French ‘parlement’, the action of ‘ p a r l e r ‘ (“to speak”): a ‘parlement’ is a discussion. (wiki)

Parliament

To become a Member of Parliament one has to contest for a Federal seat in the General Election in one’s chosen constituency. On winning, one gets a seat to represent one’s constituency in Parliament.

The core job of an MP is to be the “speaker”, a representative of the people in his constituency. He will table any issues and grouses from his constituency, and seek rectification and solutions from Parliament.

The next job for an MP is legislative, in which he is basically a Lawmaker. He could propose and table a new Bill to be enacted by Parliament. He is in the whole process on lawmaking of reading and passing a law.

That’s the Bird’s EYE-VIEW of an MP.

Malaysian Law is a hand down of British Law and thus the whole process of government and parliament is typically British.

Now we get to the govern-ment part of the Prime Minister and the Cabinet Ministers.

In Malaysia an MP could also be a Minister in govern-ment. How is that? The political party that wins the General Election is technically the party that forms the govern-ment. The party chief will be by tradition (not by Law) becomes the Prime Minister. He then picks from the winning MPs in the party to choose as his cabinet Ministers.

What we get in this so called Democratic system is a Democracy only in the form of the elected MPs to talk and make Laws in Parliament, and that is if the election is not rigged.

Now we get to the part that confuses and messes up the whole democratic system.

The Constitution of Malaysia

A Constitution is basically a Rule and Guide Book. In it contains the fundamental laws of the country and the basic fundamental rights of the citizens. Every citizen should have a copy to read and refer.

The Constitution is the highest Law of the land of any country. A breach of any of its laws renders the offender as Un-Constitutional. One hardly pay much attention when a constitutional issue is argued in the courts as its not as sensational as a criminal case or a divorce case. Its a purely intellectual case and the sentences are mostly if not all non-imprisonment nor monetary fines. Ironic come to think of it as its pertaining to the “highest and fundamental laws”.

Anyway, the point of bringing in the Constitution and Constitutional Law in this essay is to give the wider picture of the MP, PM, Ministers and the govern-ment.

There is a very important doctrine in Constitutional Law in respect to governance of a country, which is the doctrine of The Separation of Powers.

Basically a govern-ment is constructed of three main branches:

  1. The Judiciary
  2. The Legislative
  3. The Executive

The Judiciary comprises of the Judges, the Courts of Law and the officers of the law. Its all about operating the laws of the country.

The Legislative comprises of the MPs who are the Lawmakers in Parliament.

The Executive is the Administrator of the country and comprises of the Prime Minister and the Cabinet Ministers

According to the doctrine of The Separation of Powers the three branches of the govern-ment must be strictly separated in form, jurisdiction, personnel and roles. No branch is to cross the lines.

The idea is to maintain balance, fairness and justice in governance, and to avoid corruption in the govern-ment

“Power tends to corrupt and absolute power corrupts absolutely.” – Lord Acton

The lines of the Separation of Powers in Malaysia have been erased and crossed since the beginning.

The Judiciary has crossed the Legislative line, as the Judges are making laws in the courts. Not by Parliamentary Enactment but by what is called “Judge made laws”. Judgements by Judges in previous cases are as good, valid and equal to laws when “precedents” are being applied in future cases.

The Legislative line is criss-crossed with the Executive line as most if not all of the Ministers in the govern-ment are also MPs.

What is the implication of this? Every one in the three branches make laws. Absolute power is at play, a hidden dictatorial govern-ment rule over the people.

Democracy died at birth.

“It means that the whole nation is by way of becoming a herd of sheep, constantly relying on a shepherd to drive them into good pastures. The shepherd’s staff soon becomes a rod of iron, and the shepherds turn into wolves” – Carl Jung

The politicians can make any law at their whims and fancies to control.

Who is to stop them?

The people depend on their respective MPs to protect them in Parliament. But the MPs are also part of the Executive who now wants to control them!

The people are vulnerable, naked without any form of protection and defense.

Hence the laws to control the people are being canned out by the dozens…The Sedition Act, POTA, COTA, etc., etc.,

The scenario in Malaysian politics is at its ebb. Politicians are showing off their powers. They are arrogant in words and actions in public. The trend for all the politicians now is their yellings of “We are elected!”

Elected to what and do what? As MPs are also Ministers they totally disregard their constituents and behave like they are Lords from Heaven and slam, or threaten at any one who criticizes them.

This scenario is expected and is of no surprise to me because the rotten system allow for it and the people themselves consented when they went to the polls.

Ignorance is no bliss..and surely is no excuse for you and I.

..

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