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As Umno grows weaker, the rulers flex muscles

YOURSAY | ‘I think the vape ban is this - the Johor sultan is testing Umno.’

Johor sultan can't just decree vape ban, law experts say

Vent: It is heartening that legal expert Abdul Aziz Bari and lawyer Syahredzan Johan are brave enough to tread where many fear to go.

The Johor sultan must be reminded that he is a constitutional monarch. He has no carte blanche over Johor. He is only a titular head of his beloved state. Perhaps his ancestors ran the state like a fiefdom but now that can only amount to reflected glory.

We agree vaping can be a nasty, even dangerous, habit but he must leave it to the state legislature or the federal government to enact the appropriate laws.

Unfortunately, he cannot flex his muscles at vapers although some of us might just turn the other way if the police chief gave all of them a good hiding!

Anonymous 29051438068738: Under normal circumstances, the titular heads of the states would be expected to speak and act within the boundaries prescribed by the constitution and not in any way encroach on the preserve of an elected government.

But the country has steadily regressed over the years with an energised spurt towards 'failed state' status since 2013. These then are abnormal times - with the 1MDB-related shenanigans unfolding before us with zero regard for law and order.

Tottering on the edge of ruin, with the proverbial ‘pagar’ devouring anything and everything it touches, the country is in dire need for enlightened leadership.

It is into this vacuum (stupidly created by a self-serving, short-sighted Umno) that the Johor sultan has courageously stepped into - by speaking up for ethnic harmony, by speaking up for English education and progress, and to stop his subjects from clouding themselves in vapour by calling for a ban of this latest scourge.

For now at least, we should be thankful.

Quigonbond: No, I don't think it is a health issue - because if you ban vape, you might as well, and should in fact first, ban cigarettes. And jury is still out whether vape is a bad thing.

I think the issue is this - the sultan is testing Johor Umno. If I say jump, do you still ask how high? Interestingly, if the state government defies him, then they may potentially become persona non grata.

But if they abide by his decree, then could it be a test which they will most certainly fail - that is, they are cultured to follow influential individuals, instead of abiding by the rule of law and due process of legislation?

Anonymous 2019141442496707: Issues like this or those pertaining to education are not for the palace. The palace may intervene on issues like gerrymandering and the likes.

Mundane matters are not for palace. It might intervene. But sparingly. It should not become a staple diet. If this is the case, then we might just go back to pre-1957 system.

MinahBulat: Professor Abdul Aziz Bari, what you have expounded is the constitutional aspect of the law.

The last time I check, a certain opposition candidate who have the majority of the House, her name was submitted as the MB of a certain state. I recall you pointed that if the sultan did not appoint her, he would have breached the state constitution.

The long and short of it, some other individual was appointed as MB. So it was against the state constitution?

This is Malaysia, the sultan is the supreme head of his state, and His Majesty has decreed that vaping be banned in his state and gave an ultimatum. Obviously His Majesty cares for Johoreans, so just do it.

Who cares if it is constitutional or not? Remember the example I gave you? Was that constitutional? Do you recall what the sultan said? “Politicians come and go ... but my position as sultan and ruler … will continue until the end of my days.”

Anonymous 759201436321741: In another article in Malaysiakini , it was reported that the Health Minister Dr S Subramaniam had welcomed HRH Sultan of Johor decree to ban vaping.

So, Aziz Bari, why didn't the health minister amend the law since he is responsible for the medical welfare of the people and has the power to do so. Why don't you castigate him for not doing his duty?

No, it is not your concern. Your concern is only the law and proper procedure.

Anonymous 759201436321741: Aziz Bari, do you really think HRH Sultan of Johor is naive in matters of constitutional law?

The sultan made it clear the change is effective Jan 1, 2016. I dare say the Johor state assembly would make the necessary changes to the law. And you forget one very important point - the Johor rakyat fully support the sultan.

Cocomomo: Vape is bad, full stop. While the sultan may not have the powers to ban by decree, the state government, if it is more concerned about the health of the people than politicians and businessmen who value profits above health, should make the necessary legislative changes.

The sultan's concern for the health of the people in Johor should applauded. Will other states follow suit?

Sleepy: Aziz Bari is giving a legal view relating, in this case, a royal decree as oppose to the constitution, and I greatly appreciate his view. Those who cannot accept or appreciate it, please grow up.

Mojo Jojo: Cigarettes are proven to be detrimental to one's health, too. Why don't the ruler of Johor decree that smoking cigarettes should be ban in the state as well?

Vijay47: Aside from the possible health benefits that could arise from banning vape, many of us support the sultan's call as it is another kick on Umno's butt and especially that of minister Ismail Sabri Yaakob.

But what if the shoe were on the other foot where the royal "order" may not be so popular? What if a sultan suddenly demands, say, that all places of non-Muslim worship should be closed off from public view behind high walls?

Ex-PJ: It’s the sign of the times. The country is totally rudderless with PM Najib Razak too busy defending himself and trying to hang on to his job.

Any person with some power can issue a directive and expect compliance.


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