Abdul Aziz said the present system is a constitutional monarchy, adopted after the country's independence.
He said prior to 1948, the rulers had absolute discretion when they were not constitutional monarchs.
However, following independence when the country adopted the Reid Commission report, the notion of discretion on the part of the Agong, the rulers and the Yang di Pertua Negeri, must be seen in the light of parliamentary democracy, he asserted.
“When there is a majority (in the assembly) no discretion exists,” said Abdul Aziz.
“The palace has accepted whatever given to them by the majority party, in the days of Umno-BN. The same should apply to Pakatan now,” he emphasised, warning otherwise a challenge on the basis of Article 8 of the federal constitution may arise.
Majority rules
He added the law is clear that majority is the rule, and that convention if there is any, is inferior and subservient to the law.
In any case, the former law lecturer said in Malaysia it is law, and not convention that regulates matters.
“The law is what used to be convention in the United Kingdom but here in Malaysia it has become law by virtue of it being codified in the constitutional provisions,” he said.
“Those days when the sultan could vet and scrutinise the MB's suitability, qualifications and others, are no more. It is now the business of the legislature, namely the Parliament or state legislative assembly,” Abdul Aziz said, adding the law and practice in Malaysia does not approve what was done by the palace today.
Abdul Aziz asserted that even if the sultan does wrong, there is nothing that can be done about it as he cannot be brought to court unlike governors.
“But he will go down into the history books and may not be judged favourably,” he warned.
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