Is the King’s power to grant a pardon, ‘personal’ and ‘absolute’?
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- Опубликовано: 7 окт 2024
- This video deals with Malaysian Yang Di Pertuan Agong's (King's) power to grant pardons: a controversial subject that has sparked considerable debate and discussion. The video analyses the constitutional and legal framework surrounding the King's power to grant royal pardons. It explores its limits and the implications of recent legal interpretations.
Key Highlights:
What are the King's Discretionary Powers? What is meant by the King's 'discretion' under the Malaysian Federal Constitution, and whether it equates to 'absolute power'.
Historical Context: Consider the principle established by the jurist de Bracton that: "No one is above the law, not even the Kin." See how this principle is reflected in the role of the Malaysian Constitutional Monarch.
The King's Advisory Mechanisms: Explore the structures in place that guide the King's decisions, including the Pardons Board, and whether the King is obliged to follow their advice.
Specifics of the Pardons Process: Analyze the process involving the Pardons Board, the role of the Attorney General, and the constitutional stipulations that guide the King's decision-making in pardon cases.
Constitutional Amendments and Their Impact: Review the significant changes following the 1994 constitutional reform, focusing on Article 40(1A) and its implications for the King's pardoning power.
Judicial Interpretations and Controversies: Examine how Malaysian courts have interpreted these constitutional provisions, especially in light of conflicting rulings post-1994.
Transparency and Accountability: Discuss the level of transparency in the Pardons Board's proceedings and the public's right to know about its advisories.
This video is an essential watch for anyone interested in Malaysian constitutional law, the rule of law, and the balance of power between the monarchy and legal institutions. Whether you are a legal professional, a student, or simply a curious individual, this analysis will provide you with deep insights into a pivotal aspect of Malaysia's governance and legal system.
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Good input on the pardon matter. Federal Constitution is supreme.Crystal clear.
GK Ganesan, Thank You for a Goood n Deep Insight of Our King's Personal n Absolute Pardon!
As usual You have Done Well!
Don't be Disturbed of the Negative Views in the Comments section!
Coz it is always done with an extremist view n people of the other Camp!
Thank you Merry Leong for your kind words.
You have asked the right question, sir. "What advice did the Pardons Board give to the King".
Question should be..." what crap.of advice did they bull shit to the King?".
Await eagerly your view on pardon's board transparency 😊
Real, food for thought for our justice system
Applaud Your Courage To Openly Express & Substantiate Your Opinion . Are You Not Afraid of Being Singled Out & Targeted by Powers That Be ? 😊 ..
His act of courage is called integrity which in today's world is the rarest attribute.
You’re Too Kind 😊… Looking More like he has Agenda & a Strong Kabel 👏👏👏
@@Hs5687Everyone has agenda. Its on the consumer's part to parse through information. Anyways, analysis channel like this for malaysian is very rare and much needed
@@feintfaint7213 hopefully, Channel Will Not shy away to also do episode on how Malaya became Malaysia also …
Mahathir has single-handedly cut the wings of the Sultans and make himself bigger than the King therefore he make him the king above the Kings. With his removing the powers of the king, he has make his position as PM stronger, more like a dictator and that why Malaysia has corrupted PM that no man can question even the King.
Malaysia is a democratic country. If a PM elected by the people has no power, why people cast their vote in the first place?
What silly and baseless suggestion. Isn't Malaysia a constitutional monarch? Are you suggesting that Malaysia will not have corrupted PMs if the Kings are given more power?
Please go n read and understand. There is a wisdom why Tun Dr Mahathir did what he did..
On this point, I thank Dr M for doing this. In a democracy, the Elected and answerable cabinet over the whimsical discretion of a king anytime. The former is answerable to the people, the latter lies lower and is not .
There will be more corrupted Royals in our country
Excellent commentry.
Very clear. Thank you
Thank you for explaining the matter so clearly to us. So now , the question is what the Pardons Board advised the King.
Great and very interesting video!
Please could You kindly consider making a video whether a Judge is liable for violating Claimant’s rights
or whether this Judge is immune from an otherwise legitimate lawsuit?
ThankYou
So if the pardon did not comply with the ruling of the Constitution, so can the pardon be declared null and void?
Good question.
In this case why should this thief been discounted ? Was it personal or deserve to be granted by law and constitutions.
Eagerly awaiting the next video on what the Pardon Board or the Executive actually advise he King.The term ‘advise’ and ‘advice’ in the context of the constitution is very ambiguous and therefore subject to many speculation and interpretation.The Executive will argue that with their ‘advice’ , the Monarch will be protected from any legal action as the Constitution states very clearly that the Monarch shall accept the advise . The term ‘prerogative’ is no longer available to the Monarch.
True
Really waited for GKtv on this issue which could set as CONNER STONE...
Crystal clear explanations
Thank you for your kind words
The issue that sticks out like a sore thumb is the issue of allowing House Arrest over and above the pardon that has already been granted. Waiting for your next video.
THK YOU SIR, FOR THIS CLARIFICATION. A LAYMAN LIKE MYSELF HAVE A CLEARER PICTURE NOW. THE QUESTION I WOULD LIKE TO PUT FORWARD IS " HOW DID THE PARDONS ADVISE THE KING?
I totally agree what you mentioned .If one reads article 42 in the federal constitution very cautiously then he or she will be aware no such word ABSOLute is found at all.
The pardon given by the king is after the recommendation from the PM who is the chairman of the Pardon Committee.The king cannot act by himself without the advice of the PM.
Dear Sir, would you be kind enough to provide a review on the e-book that was published recently with the title "Test of a King"? I would love to hear your opinion on it. Thank you.
Me also Sometimes Wonder, did Malaysia actually achieve Real Independence from Colonial Rule or Covertly transitioned From Colonial to Royal Rule ?
Royalty, shariah law and courts and the Malaysian judiciary- a comedy of errors.
So, the PMX has hoodwinked us. He said many times the Agong has the discretion to grant pardons.
PMX is right. Only the Agong has the discretion to grant a pardon & nobody else.
Question is whether discretion should be under 'advice' or not?
@@bltan2393for that reason, the Agong listens to the advice of the the Pardons Board. This is why the addendum, if it existed then, was rejected
Not PMX.... Zahid..watch ur mouth
Who will dare the King? Don't just talk...
Merhaba.
Bu konuda biraz geç bahsettiniz bence. Neyse her zamanki gibi düşünceleriniz çok faydalı bizim için ve ülkemiz hükük ve adalet olarak çok hoş söylediniz. Teşekkür ederim.
Correct me if I'm wrong:-
1) King's actual discretionary powers under the constitution is only on 4 instances & is not justiciable,
2) King's other discretionary powers under the constitution needs to be under advice for it to be not justiciable.
So what happens if King's opinion & that of the Pardons Board differs?
Pardon Board’s advice should prevail
@@GKganesan Thanks for ur instant reply...stay healthy...need more of ur inner thoughts...
Thank you... brilliant legal mind
GK. it's about time you gave us the legal perspective on this latest Addendum bit and whether house arrest falls within the purview of the prerogative in granting a pardon.
I will. Working on it. Have been overseas for a while now.
Thanks GK. They say, "STRIKE WHILE THE IRON IS HOT" Do it before the "horses bolt".
GK a long a waited video, cant wait for part 2. (You suspense us) I surmise the issue here, that people in general do not understand what is a Constitutional Monarch. Secondly, politicians under Tun M, has eroded the constitutions to their whims and fancy. During the 1994 Constitutional Crisis, as Malaysia under the height of Emergency Ordinance, so their wore it as a badge of honor. So the YDP obligated to the "advise" of the cabinet in all matters. Parliament had change the Constitution to fit their needs and dilute it as such. I dare anyone to read the current Constitutions, the first two pages alone get you confused.
An off beat question, does Our Constitution provide a provision to create a new State such as the Federal Territories?
That, dear Remy is another thorny issue.
There's an Article in the Federal Constitution hinted about the admission of a new territory into Malaysia. It's Article 22 and it's about "Citizenship by incorporation of territory". It basically said that if a new territory is admitted into Malaysia, the Parliament can make laws to determine what kind of persons on that new territory can become the citizens of Malaysia.
So, yes, we can create a new State by admitting a previously foreign territory into Malaysia, just like how we did with Sabah, Sarawak and Singapore by negotiation and signing the MA63 agreement.
But if you're referring to whether we can carve out a piece of land from an existing State and make that land to become a new State, it will be tricky. But probably work the same way like how we create Federal Territories.
It will require negotiation and agreement with the affected existing State. In order for it to happen, the said State's Sultan or Governor will need to consent to plan and the Legislative Assembly of that State will also have to pass a resolution or laws that give consent and agree with the said plan that carve out a piece of land from their State.
However, there's no clear procedures laid out in the Federal Constitution on how to do it. It is possible, but it all depends on the wisdom of the politicians to decide how to approach it and achieve it.
@@lkh-xj1ck you just triggered and touches the issues that plague the country. The inception of Federal Territory.
Gk good answer
Hello2. Mr. This is malaysia.
Don't use the US constitution to insinuate the Malaysian Constitution.
LOL
We are not lapdogs of the USA, yeah? 😅
Ayoh, we are modelled after the UK Westminster system lah. Apa pula US constitution....😅😅😅
@@xanderp3325 the malaysian constitution NEVER contains the words, "we, the people, ..." Only the US constitution has that. Go and watch the video carefully lah
@@xanderp3325@0:40 you malaysian people don't even know what the first words of your constitution are. Even ang moh non malaysians also know. Such a shame. All you people ever know is get into squabbles over socks. And gay sex videos. And steal money billions of dollars still can serve jail time at home ah??!! 😂😂. Because the malaysia king suddenly decides to "pardon" a hardcore white collar thief. A boeing 777 can go completely missing. These things only happen in malaysia, never elsewhere. Because malaysia boleh, kan??!
Can it be reverted to the original constitution about the Agong having the absolute to give a pardon that Tun Dr.M had ammended?
Even with amendment removed (as I said) the Monarch has to act on advice.
Constitutional monarchy, but we are living in a weird times when TPM is 47 DNAA but got the non-Malays backing
In layman's term if the king act on the advice of the executive and the people is not happy then the king is to be blame 😅😅 looks like the king and the royal institution is a sitting duck,
Well said
King can do anything because he his a king...
I would like to ask you on DSAI pardon which is at that time AG and Federal Minister was not appointed, do the pardon board member meeting is constitutional?
Malaysia is both democratic parlimentary and constitutionally monarchy.
Well explained n understood.
Tq.
Thank you
Thank you Miss Simran
the wrong king !!
its was the previous one ! so do the right thing and be righteous.
maybe I'm wrong but think not
Can a pardon be reversed?
Highly unlikely if the Pardons Board decision is not justiciable....
You need such a learned constitunal legal advisor to clarify matters of constitutional law. Looks like our political leaders are always in the dark as they can not explain such matters. Even PMX is dumb in the matter.
All that is just fine and dandy, except it doesn’t take into consideration of a corrupt King, like the Sultan of Pahang was when that fellow was King.
If the "advice" must be complied with, can it still be considered to be "advice" or is it more in the nature of a ruling?
💝💝💝
Long time no see GK Sir.Absolute power not The Question here does thr King has the Power to reduce the Sentences and the Fines.????Pardon Yes but to reduce fine and sentence is something very unusual also again did the Pardon Board Advise the King about existing Cases are still Pending in the Highest Court.
As a layman, I m of the view that a pardon should be a full pardon or otherwise. When a court sentence is varied or adjusted then the Pardon Board is no more a Pardon Board but another layer of appeal court, this time an appeal court for Federal Court decisions.
Another point is when the Pardon Board makes a decision n the King decides differently, does the Pardon Board has any avenue to insist that the King must follow the advice esp since the Board must meet in the presence of the Board.
Correction in the last sentence. The Board must meet in the presence of the King. Does that means the King has to keep silent while the Board deliberates?
@@norashidamss Totally different structure of justice.
Responsibility of Court of Justice ends with Final review of Federal Court's decision (Question of Guilt).
Then responsibility of Court of Mercy begins & ends with a decision from the Pardons Board notwithstanding question of guilt (Question of Mercy).
“Comply with cabinet”The pardon board is not defined as cabinet and also the AG are not from the executive branch. Thus in my view its is not mandatory to comply which are also consistent with the case President
Sir be an advocate for the Bar Council Case. Tq
The forming of the Pardon’s Board is not easy. And definitely not trivial considering it treats the King as a “boneka”. What the rulers fear long ago, where their powers were taken away. During the time when Tun Dr. Mahathir Mohamed was PM.
A 40 (1) FC .. that amendment was by brute majority numbers in Parliament .. and against the original intent and purpose agreed to by parties to the Federation Agreement .. it needs revisiting.
Diambil dari Kesultanan Melayu Melaka melalui pengampunan Hang Tuah oleh SULTAN Melaka masa itu tanpa campur tangan pembesar istana
I can see clearly now the rain has gone. Let's see if it will rain again tomorrow 🤣🤣🤣
Why is it so difficult to write laws in plain simple direct wording toavoid unnecessary confusion and subject to various interpretations .
Why insert caveats like " subject to clause ..." or " read together with ..." "notwithstanfing" and various other legal mumbo jumbo . All this only gives lawyers the opportunity argue and interpret according to their logic and bias .
I hope I have made myself clear without further interpretation.
S .KULASINGHI
Thank you for these timely and intelligent observations. Modern laws are written in simpler direct language. In contrast our constitution was written by the British more than 60 years ago. The clauses there are similar, if not almost identical, to both the Singaporean and the Indian Constitutions. Except for the role of the monarchy. The monarch’s role was substituted by their respective Presidents, who have even less powers.
Even if the pardons board has not given any up dates of the pending case's to the king, don't tell that the king is not aware of those pending case's?
Malaysia Boleh 🎉
In my opinion Article 40(1a) has to be read with Article 40(1)...
Article 40(1) clearly states that the King must accept the advice of the Cabinet or a minister representing the Cabinet. Which means it is on issues pertaining to what have passed by Parliament for his consent or approval...
In the case of Pardon Board..the FT Minister does not act as a representative of the Cabinet but in the capacity has FT Minister which is equivalent to a Chief Minister of any state who is a member of a Pardon Board of his state.
Therefore the King power for pardon is absolute. He is not required to listen and acted on the advice.
Articles 42(8) & 42(9) is related to procedural aspect of the Pardons Board's & it specifically states that the King has to accept advice of Pardons Board (per GKtv Law).
@bltan2393 nothing stated in article 42(9) the King must accept the advice...
Yes, he must listen...but on to accept...the Constitution does not explicitly say so...
Article 40(1) and 40(1a) is more on the issue of royal consent for parliamentary legislation...
Article 40(1a) was introduced because during Tun M was the PM, there were occasions when he had problem on this issue with the Agong...
All the human power on planet earth is man made .
Just look at thailand king. They call him the living god.
Before a movie starts ,all in the cinema must stand up and show respect to the king when his face is shown on the screen.
Therefore everything on earth that has to do with power is created by man to benefit himself.
What is so big deal about najib ? Other prisoners are not human ?
Suddenly the holy books and the books on laws are thrown out of the window.
It is all about power play .
in Malaysia absolute power through congress not Kings...but King opinion most precises, so king give advise and bias vote to His favour party.... It's absolute magician power...most complex and unexpected decision...congress from inside and outside country most of time will took place... since 2024 our country shine really bright, and till now still no resurrection prayers anymore to increase level appearances our body to look good to our local people...this quite big issue...if this trend keep static, I will join others been eleminate from this country....maybe it more faster then you may thought....not even Indonesia or Israel will accept me...both that country not really bring benefit to me and people like me.... because of what?... because country like that share pretty much same ideology, they really concern people like us who almost make it to hijack China and Japan government and rule over both that country like we did in Malaysia and Singapore....if your face not appears as missing person in Japan local news mean you not legend yet.... that's why country like India really dream to own our brain.
In law, all these don't hold water.
The letter of the law, by itself, isn't law. Opinion isn't law. Only the court can declare law. Declarations are not remedies. In law, if there are rights, there must be remedy.
The Pardons' Board will never recommend many things.
If the Agong, based on Discretion, decree halving of the sentence, reduction of fine, house arrest, Freedom and Pardon, no court of law can go against him.
The court has no jurisdiction. In short, not justiciable.
Therein lies the matter.
If the government does not respect the Discretion of the Agong, there will be constitutional crisis.
Anwar Ibrahim is wagging his tail because the Agong who decreed on Najib has left. If the Agong was still around, Anwar will be like a mouse.
The US Presidential powers on Pardon also refer.
Why do this has to be happening Najib already received a jail sentence and so on so why this has to be known to the Rakyat? Our king knows what is right or wrong so why this has to be an issue? I think this has to stop? No more making this an issue?
Y YOU NEVER SAID ANYTHING & COMMENT THE POWER IF AG WHEN THE AG MAKE SO MANY BIASE DECISION WHEN IT RELATED THE POLITICIAN'S THT APPOINT HIM AS AG......THEN ARE AG ABV THE KING?????
Compelling argument, but premature.
It was mathatir who change the jurisdiction system and weaken the royal institution to sweet his needs he was the most powerful executive during his term as prime Minister, what is the use of being king without power, king are not for decoration only,
Constitutional Monarch n Absolute Monarchy.....are oceans apart......MALAYSIA practices Constitutional Monarchy......
There is a wisdom why Tun Dr Mahathir did that..
In your opinion, should the change/s introduced to the constitution under Mahathir be undone? Would a constitution that is restored to its merdeka form be more beneficial to Malaysia and her citizens?
I believe so
If Mahathir's constitution amendment is undone, then the long held view of the courts that the King's discretionary powers is absolute will stand, doesn't it?
@@bltan2393, The "King " institution consists of all the rulers of states in Malaysia
All criminals are doing crime as they know they will get pardon
Nonsense
Who is paying this Piper of Hamlin?
Absolute discounts
All crimei at malaysia can be forgiven eg.singer,actor,politic and etc....
No one above the law, that includes King
Its good that the king cannot grant any pardon to anyone.
Must follow the Law just because you are Muslims and holding high post so Kawan Kawan law apply. is this democracy or neptolism. Own race take care of own race.
Whatever.. pardon for that pendatang Celebes Selatan is totally nonsense
Bloody nonsense pardon C4 Cemented Tong Ambank etc3 pardon bloody nonsense.. pendatang Celebes Selatan