No Anti Hopping Law Unless Constitution First Amended



(JAMARI MOHTAR, Malaysiakini) – One big obstacle to introducing an anti-hopping law (AHL) is the ruling by the then Supreme Court of Malaysia in 1992, which interpreted the constitution and declared crossing over to another political party was freedom of association. Thus, in order to introduce the AHL, the first order of business is for Parliament to approve a constitutional amendment to bypass the 1992 court ruling. And this requires a two-thirds majority vote among parliamentarians for the constitutional amendment to be passed.
But even this is not straightforward, as the amendment could be challenged in the Federal Court because any party concerned could seek legal remedy. In 2015, retired Federal Court judge Gopal Sri Ram was reported to have said there could be no AHL in Malaysia because of the 1992 landmark judicial pronouncement. “Even an amendment to the constitution will fail because freedoms under Part 2 of the national charter form part of the basic framework,” he said.
Parliament could not enact laws, including the constitution, that touched on the basic structure like freedom of association, he added. In the 1992 ruling, the bench interpreted the right to association included the freedom to disassociate, which is basically the right to hop. The harmful effect on the nation and the rakyat of political instability can all be traced back to the freedom given to hop from one party to another. Ditto having three PMs within two years since 2020 has created both political and economic instability.
In September 2020, international rating agency Fitch Solutions predicted that politics in Malaysia is expected to blunt economic growth for the next decade. Combined with slower population growth and reduced fiscal space to cushion against negative future economic shocks, Fitch predicted real GDP growth to be at just 3.4 percent over the next 10 years compared to 6.4 percent over the past decade. Already for 2021, the first year of the new decade, GDP grew at 3.1 percent – lower than the 3.4 percent predicted by Fitch, which means politics still reared its ugly head in 2021.
Mitigating political instability One way to ensure the right to switch party is still there but won’t necessarily result in political instability is to add a constitutional provision whereby the seat of an MP shall become vacant if the MP ceases to be a member of, or is expelled or resigns from the political party for which the MP stood in the election. So a by-election will be called for the seat in which the former MP can contest under the ticket of his or her new party. It is as if the former MP is asking for endorsement for his move to switch party from the electorate, which had earlier voted for him, and it is really up to the electorate to endorse him or not through their votes during the by-election.
As for an independent MP, the same applies when his status as an independent legislator changes when he joins any political party. This has to be added as a separate clause in the new provision to remove the ambiguity that it doesn’t apply to independent MPs simply because expressions like “ceases to be a member of, or is expelled or resigns from the political party” do not make sense to them, as they do not have a political party to begin with. With this separate clause, it means independent MPs would also have to vacate their seats because switching party for them is a change in status from one who has no party to one with membership in a party.
Just to see how useful this provision is in mitigating political instability, let’s assume that this provision was there during the Sheraton Move. Former prime minister Muhyiddin Yassin at the Sheraton Hotel PJ during the Sheraton Move which brought down the Harapan government The Pakatan Harapan government then wouldn’t have been brought down because it won’t be easy for a new coalition government to be formed with the support of more than 111 MPs.
The Perikatan Nasional (PN) government was formed because of its ability to get the support of about 116 MPs. Out of this, 11 MPs had switched from PKR to Bersatu. Without this defection, PN won’t be able to get the support of 116 MPs, only 105 MPs, which was not enough to form a government. This would mean the 11 PKR MPs would have to vacate their seat and 11 by-elections would have to be called. Meanwhile, the act of a political party withdrawing from a coalition should not be considered as party hopping.
To take the example of the Sheraton Move, when Bersatu pulled out from the Harapan government, all Bersatu MPs were still members of Bersatu before and after the pull-out. So at the point of pulling out, there was no party hopping then. Voting for a party, not a candidate Another novel and creative idea to stem party switching is the proposal for a party-list based general election (GE) suggested by Padang Rengas MP Mohamed Nazri Abdul Aziz way back in 2020. Under this scheme, it is the party that is the candidate in a GE, not an individual member of the party as currently practised.
At the ballot box, voters will tick the party symbol and logo for the party they want in a constituency. The winner will still be based on the first-past-the-post (FPTP) system in which the party with the most votes will win the seat. And the party winning the most number of seats will form the government. At the conclusion of a GE, the winning party of a constituency will then appoint a party member to be the constituency’s MP.
If midway through his term, the appointed MP jumps ship to another party, he cannot carry along his MP seat to his new party. This is because that seat does not belong to him but to the winning party that has appointed him to be the MP. Moreover, when an MP switches parties, the seat does not have to be vacated to make way for a by-election. Instead, the winning party will appoint another individual member of the party as the new MP for the seat.
The beauty of this proposal is that the freedom to switch parties is allowed, but there won’t be political instability because the winning party still holds the seat. On top of this, taxpayers’ monies are substantially saved from holding a by-election. Assuming this proposal is in place during the Sheraton Move, then there is no need to organise the 11 by-elections for the 11 PKR MPs who switched allegiance to a new party under the earlier proposal of amending the tenure of the term of office of MPs. One can just imagine the cost of organising 11 by-elections and the hefty savings gained from not organising them.
Even when a sitting MP dies or is incapacitated from performing his duty or loses his MP-ship due to a criminal conviction, there is no need to call for a by-election to replace him. The winning party will just appoint another member of the party to replace him as the new MP. In this brilliant scheme, the issue of the mandate of the rakyat given during a GE being stolen after the election will become irrelevant because the mandate will be with the winning party throughout until the next GE.
According to Nazri, a trained lawyer who was also a former de facto law minister, the amendment to the Election Commission Act 1957 to enforce a party-list system, in which voters would elect parties rather than individuals, only needed a simple majority to be approved. This was unlike the two-thirds majority necessary for amendments to the Federal Constitution. Speaking in Parliament on Nov 22 last year, Nazri, however, conceded that his proposal would not cover independent lawmakers, but said that was the risk voters must take in the unlikely event they opted to back one. He further noted that independent lawmakers were not beholden to support any party even now.
 


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

https://www.malaysia-today.net/2022/04/03/no-anti-hopping-law-unless-constitution-first-amended/

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Mps Want Anti Hopping Law Passed First Say Flaws Can Be Fixed Later

Mps Want Anti Hopping Law Passed First Say Flaws Can Be Fixed Later

papar berkaitan - pada 1/4/2022 - jumlah : 73 hits
Despite concerns raised over the government s planned anti hopping law lawmakers from both sides of the divide have said the priority is to get the necessary constitutional amendments passed first before trying to fix any issues that may cr...
Constitutional Bill To Regulate Party Membership In Lieu Of Anti Hopping Law

Constitutional Bill To Regulate Party Membership In Lieu Of Anti Hopping Law

papar berkaitan - pada 9/4/2022 - jumlah : 116 hits
In lieu of an anti hopping law the government will reportedly table constitutional amendments that would regulate freedom of association in regard to party membership on Monday This is after plans to table an anti hopping law hit a snag in ...
Anti Hopping Law Viable But Needs New Provisions

Anti Hopping Law Viable But Needs New Provisions

papar berkaitan - pada 3/4/2022 - jumlah : 72 hits
One big obstacle to introducing an anti hopping law is the ruling by the then Supreme Court of Malaysia in 1992 which interpreted the constitution and declared crossing over to another political party was freedom of association Thus in orde...
Harapan Vows To Back Constitutional Change If Anti Hopping Law Expedited

Harapan Vows To Back Constitutional Change If Anti Hopping Law Expedited

papar berkaitan - pada 8/4/2022 - jumlah : 82 hits
Pakatan Harapan has pledged the coalition s support for proposed amendments to Article 10 of the Federal Constitution on the condition that the government expedite the tabling of an anti hopping law The Pakatan Harapan presidential council ...
Wan Junaidi On Anti Hopping Law Disagreements Yes Sabotage No

Wan Junaidi On Anti Hopping Law Disagreements Yes Sabotage No

papar berkaitan - pada 8/4/2022 - jumlah : 102 hits
Minister in the Prime Minister s Department Wan Junaidi Tuanku Jaafar has denied that the delay in the legislation of a law to discourage MPs from defecting was due to sabotage Speaking to reporters in Kuala Lumpur after attending a meeting...
Anti Hopping Law Bersih Sees Silver Lining In Delay Moots Recall Polls

Anti Hopping Law Bersih Sees Silver Lining In Delay Moots Recall Polls

papar berkaitan - pada 7/4/2022 - jumlah : 73 hits
Now that Putrajaya has delayed the passage of a bill to discourage the defection of MPs electoral reforms pressure group Bersih said Prime Minister Ismail Sabri Yaakob has the opportunity to table a separate bill altogether Bersih said part...
Mps Pressure Govt To Table Anti Hopping Law

Mps Pressure Govt To Table Anti Hopping Law

papar berkaitan - pada 22/3/2022 - jumlah : 97 hits
PARLIAMENT More lawmakers are pressuring the government to table and debate the anti hopping law in the current Dewan Rakyat session which ends on Thursday The calls came from both government and opposition benches during the debate of the ...
Why Impose Imperfect Anti Hopping Law On States

Why Impose Imperfect Anti Hopping Law On States

papar berkaitan - pada 6/4/2022 - jumlah : 86 hits
It is good that the cabinet is set to approve the constitutional amendment bill which covers both the anti party hopping provision and the term limit for the prime minister with Parliament s approval set for next Monday Credit must go to Mi...
Mou Clearly States Anti Hopping Law Must Be Tabled By March Says Lim

Mou Clearly States Anti Hopping Law Must Be Tabled By March Says Lim

papar berkaitan - pada 22/3/2022 - jumlah : 88 hits
Lim Guan Eng says Annuar Musa is afraid of GE15 as Umno might not name him as a candidate PETALING JAYA Pakatan Harapan s memorandum of understanding with the government clearly states that an anti hopping law must be tabled and passed in P...
Pengalaman Bersalin Anak Kedua

Tuduhan Seleweng Dana Sprm Mohon Bantuan Pihak Buat Dakwaan Cari Bukti

Annuar Musa Shahidan S Wife And Ismail S Wife Sacked From Umno

Siaran Lansung Perlawanan Persahabatan Bola Sepak Antarabangsa Tier 1 Malaysia Vs Kemboja 9 Disember 2022

Warga Emas Ditahan Selepas Menghubungi Polis Lebih 2 060 Kali Hanya Untuk Memaki Hamun

Nak Import Telur Can I Advise You Something Abang Mat

Abdul Azeez Bebas 9 Tuduhan Rasuah Pengubahan Wang Haram

Orang Orang Yang Cocok Jadi Karyawan Karen S Diner Nggak Perlu Akting Jutek Lagi



5 Istilah Orang Jepun Yang Dipinjam Masyarakat Dunia

10 Filem Melayu Malaysia Terbaru 2022 Mesti Tonton

5 Pemimpin Kerajaan Asia Yang Singkat Memegang Kuasa

Info Dan Sinopsis Filem Mechamato Movie 2022

10 Penjaring Gol Sendiri Terbanyak dalam Sejarah Bola Sepak


Nasi Kandar Giling Butterworth Rasa Sedap Sangat

Penang Harapan Braces For Green Wave Reps Want Counter Measures

Pm Chief Secretary Will Announce Status Of Secretaries General

Jep Jadi Cikgu Lawak Giler Sepahtu Reunion

Mb Selangor Hina Jais Dr Asri Kata Jais Macam Taliban Tapi Mereka Berdua Yang Meraban

Khaled Ibrahim Tidak Peduli Bantahan Gobind Singh Deo Berhubung Pembinaan Kidex