The Role of the Head of State

We have heard the #kitamintalima campaign and more recently, a group of people from the Wangsa Maju constituency is appealing to the King for the current State of Emergency to be ended earlier than the 1 August 2021 set by the current emergency proclamation. While I appreciate the intention of these people as there are those who believe and think that the current government is incompetent in managing the COVID-19 pandemic, I cannot fully agree with the campaign being directed to the King.

As a constitutional monarch, the King can only act upon the advise of the Prime Minister and there are very rare occasions where the King has the absolute power or discretion in carrying out his duties. One of the discretion that he has is in determining the who should be the Prime Minister. In this respect, he had used his discretion in February 2020. Some might argue that the King should have summoned for a parliament sitting so that the MPs can openly vote for the new Prime Minister. While that may be the best course of action, the King has the discretion to decide the manner to determine who amongst the MPs who has the majority support of the lower house.

Back to the two demands mentioned earlier. Appealing to the King to make a decision on matters where he actually has to rely on the advice of the Prime Minister and/or the independent special committee is a slippery slope. Similarly, the ability of the King to refuse State of Emergency is a slippery slope. So, while I appreciate the sentiment of those behind the two campaigns, I also think that, for the sake of our constitution, the King cannot really do anything.

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