The recent Federal Court decision on the Perak crisis confirming Zambry Abd Kadir as the legitimate menteri besar of Perak raises several questions that have serious constitutional and political implications.

The Federal Court seems to have taken the position that a constitutional monarch has wide discretionary powers in determining whether an incumbent prime minister or menteri besar continues to command the confidence of a majority of the members of the legislature and therefore whether he can remain in office.

In the exercise of this discretion, the ruler can rely on extraneous circumstances to determine if the prime minister or menteri besar still commands the support of the majority in the legislative assembly notwithstanding that no vote of confidence is carried against him.

The Federal Court was silent as to whether...