01
Jul
08

Excerpt – Democracy Vs. Special Rights

“……… In conclusion, Article 153 does provide specific safeguards for the Malays, which the Yang di-Pertuan Agong can deploy on the advice of the Cabinet and Prime Minister of the government of the day. Although the meaning of “special position” may be a function of political beliefs, which every citizen and political party is entitled to have, the application of such safeguards for the protection of such purposes must remain constrained by the limits placed on such Article, and should be read in light of other Articles (such as Article 8) of the Constitution…. “

“………. As Malaysians, no matter where we are on the political spectrum, we must respect the Constitution for what it is. We must respect the discretion that this Article gives to the executive, but we must also know and respect its limits. It is not an Article that treats one class of citizens as better than another, nor is it a provision that is to be taken in vain, given that it is at the heart of the social contract. If read in the context of the notion of hospitality then there is no reason for democracy in Malaysia to be jeopardized by its inclusion. We are entitled to be treated as equal citizens of this country, but we must accept that the exercise of democratic rights to determine the government of the day, will fundamentally determine how Article 153 is to be read and applied.

But as non-negotiable as this Article should be, so must be the democratic principles outlined earlier as well as all governance structures and systems that underpin these inalienable principles. This is to ensure that its application is subject to the limitations placed upon it by the Article itself, and other relevant parts of the Constitution.

……………………………………..”

 

Other Key Themes Of Reset

-Why Bother?
-The Notion of Hospitality
-The Malay Struggle
-Democracy Vs Special Rights
-Communal Prejudice
-Race Politics
-Sailing With The Wind
-Maintaining the Equilibrium
-Meeting the Principles
-The Proposal

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Author

Suflan Shamsuddin qualified as a barrister from the Middle Temple and was then called to the Malaysian Bar. He is currently based in London, England.

About The Book

Many would blame Malaysia’s current political upheaval on decades of ineptitude, abuse and race-based politics. Although the electoral “tsunami” suggests a rejection of past methods, an alignment on the way forward remains in doubt. RESET examines the fundamentals of Malaysia’s socio-political fabric and delivers an uncompromising analysis of the underlying causes of the nation’s current political crisis. It reveals our collective complicity and explains how, together, we might beat the impasse. RESET is meant for all Malaysians (no matter their political allegiance) who are courageous, willing to call a spade a spade, and want true effective and lasting change, in the name of their children, and those of their fellow countrymen.

ARTICLES/ REVIEWS/ VIDEOS

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Disclaimer

While I fully appreciate and respect the right of free expression, I ask all of you to kindly refrain from using abusive language that might unduly cause offence, or making remarks of a personal nature against anyone or any community. RESET is about charting the way forward for the country, and to do so, we must be able to have a frank and hardnosed discussion on all issues affecting us. But we must be able to have that discussion dispassionately and with civility and respect towards each other if it is going to be a meaningful and constructive engagement.

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