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Don’t oppose my royal assent legal challenge, Anwar tells gov’t
Published:  Jan 4, 2018 10:50 AM
Updated: 3:50 AM

Jailed PKR de facto leader Anwar Ibrahim has urged the government to not oppose his legal challenge against laws that removed the need for royal assent for bills to be passed.

Anwar filed his challenge against three laws introduced between 1983 and 1994 at the Federal Court last Tuesday, seeking to have these be declared unconstitutional for removing the mandatory requirement for bills to be assented to by the Yang di-Pertuan Agong.

In a statement today, Anwar said his call was made as the BN government have frequently claimed that they are committed to defending the position of the Malay rulers.

"I, therefore, call upon (Prime Minister) Najib Abdul Razak and the government to instruct its legal representatives to not oppose my pending application in the Federal Court.

Anwar pointed out that the rulers played a crucial role as a check upon any alleged attempt by the executive to subvert the country's democracy and constitutional scheme.

"A restoration of the mandatory requirement of the royal assent is imperative to maintain the constitutional balance between the elected government and our hereditary monarchy.

"It will also preserve and protect the role and position of the Malay rulers and the integrity of our constitutional monarchy," he said, before calling for a speedy hearing in light of the public importance of the case.

The opposition leader is seeking a declaration that Section 12 of the Constitutional Act 1983 (Amendment), Section 2 of the Constitutional Act 1984 (Amendment) and Section 8 of the Constitutional Act Amendment 1994 are ultra vires of Article 4(1) of the Federal Constitution, given that Parliament arguably has no right to pass such amendments.

Article 4(1) of the Federal Constitution emphasises the supremacy of the constitution, and that any law passed after Merdeka Day that is inconsistent with the constitution will be rendered void.

Anwar is also challenging the constitutionality of the National Security Council (NSC) Act 2016, which was implemented without royal assent.

"This unprecedented incident shows the urgent necessity to restore the mandatory requirement for the royal assent," he stressed.

Automatic assent had come into force on Feb 18, 2016, a day after the Conference of Rulers had raised its concerns about the NSC Bill 2015.

The Conference of Rulers returned the Bill to the Attorney-General's Chambers on Feb 17, 2016 to seek refinement.

The NSC Act, among others, allows the imposition of emergency-like conditions in security areas declared by the National Security Council, which is led by the prime minister.

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