The questions is not whether Senators can be admitted into the cabinet. To that question, the answer is obvious. They can be. The question is: what should be their qualifications?
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The facts emerging from Sabah get murkier by the hour. If their resignation has been accepted, then they will lose their seats. Yet, unless the Speaker follows the procedure in Article 49A, one cannot ‘automatically knock out' the four Sabah MPs. Truth will out.
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This is a true story of an unusual client: one who kept his word.
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Actually, it is still open. Other than one dictum, s. 68(1)(a) seems open to different interpretations. So what should that test be?
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How many times can the monarch 'exercise' his constitutional, 'appointing discretion'? My view is: 'Once'. Why is that?
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Can the King act against the Cabinet’s advice?
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The answer is ‘No’. His Majesty the King cannot ignore, delay or refuse the appointment of a Prime Minister, if the candidate has the support of the majority of the MPs in the House of Representatives.
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In short, No. Why?
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The answer is a 'No'. This nation is not the chessboard of irresponsible politicians. Our Constitutional rights hang in the balance. Will our King stand with the Rakyat?
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