What constitutional limits apply to the Sultan’s mentri besar choice?

Question

Accepted Answer

The Sultan's Power to Appoint a Mentri Besar is Constitutionally Limited

The Sultan of Johor's authority to appoint a mentri besar is not absolute, as it is strictly governed by the Johor state constitution. The appointed individual must be a member of the Johor state legislative assembly and must be capable of commanding the confidence of that assembly. These constitutional requirements ensure that the Sultan's discretion is neither unfettered nor limitless in this crucial appointment.
Appointee Must Be a State Assemblyman

Article 4, Second Part of the Johor state constitution explicitly stipulates that the mentri besar must be a member of the Johor state legislative assembly. If the Sultan were to appoint an individual who does not hold a seat in the assembly, such a decision would be open to legal challenge. This provision underscores the principle that the mentri besar must be directly accountable to the elected representatives of the people.
Confidence of the State Assembly is Essential

Furthermore, the Johor state constitution, specifically Article 4(2)(a) of the Second Part, mandates that the Sultan shall appoint a mentri besar who, in his judgment, is likely to command the confidence of the majority of the members of the state assembly. This requirement mirrors provisions found in Article 43 of the Federal Constitution concerning the appointment of the prime minister and Cabinet members, reinforcing the democratic principle of legislative support for the executive.
Sultan Acts on Executive Advice

Lawyers have clarified that rulers, including the Sultan of Johor, function as constitutional monarchs. Their roles are clearly defined within the framework of the Constitution, and they are expected to act on the advice of their respective state executive committees. This principle limits the personal discretion of the monarch, ensuring that governance remains aligned with constitutional and democratic processes.

Reading history

Hide →

This history is cleared when the page is closed.

What constitutional limits apply to the Sultan’s mentri besar choice?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends