I read with interest the piece “Time for people to reclaim the Constitution, says Negri prince”.
Given the political situation in the country today, rarely can we read views of this nature anymore.
Whether or not our Constitution has a preamble is not important. What defines our system of government are the articles in the Constitution – which must be read in totality, not selectively or with ill-intention.
To me, there is hardly any ambiguity or confusion in our Constitution. The different interpretations are driven by vested interests or intentions that are not proper or noble.
Our Constitution provides for elections and for elected leaders to helm the government. It provides for different branches of government and separation of powers. If we elect the government and subject it to checks and balances, what other interpretations can we have other than Malaysia is a democracy? If we are truly a democracy, why do we challenge and circumscribe those who criticise the government of the day for its ineptness and baloney?
If our Constitution provides for general elections, how else can we interpret it other than that our elections must be free and fair? How else can we interpret other than that constituencies drawn up must provide fair representation to all citizens? Do unfair elections or lopsided constituencies make sense?
If our Constitution provides for proper promulgation and enactment of laws, regulations and policies, how else can we interpret it other than for all of us to subject ourselves to the rule of law, natural justice, and an independent judiciary?
If our Constitution says we have freedom of religion and fundamental liberty, how do we interpret restrictions and exceptions that are more pervasive than the freedoms given?
If our Constitution, in a nutshell, provides for the Westminster form of government, how did a different form of government, totally theocratic and alien, creep into our interpretation?
Unlike the US Constitution that is brief, I think our Constitution is sufficiently comprehensive to provide us with clarity.
To me, there is no confusion or ambiguity, only right and wrong interpretation.The problems we face today are due to deliberate and defiant misinterpretations.
Some interpret the Constitution to hold on to power. Some want to inject new interpretations because they are fantasising about a new system of government totally unproven and totally out of sync.
Some interpret it based on personal interests.They know it is wrong, but their personal interests make it right.
The authors of a Constitution can’t foresee everything or plug all the loopholes. If we have bad intentions, if we are governed by personal interests or if we are misguided by some archaic philosophies, please don’t take it out on our Constitution.
TK Chua is an FMT reader.
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