09-05-2021, 01:22 PM
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From Hamid Sultan Abu Backer
I find the debate in the media on the Federal Constitution to be interesting. There is one thing the jurists and legal pundits are missing out in their arguments.
One of the tools of interpreting a contract or statute or the Federal Constitution is the application of common sense.
Without the application of common sense, a just result according to the spirit and intent of rule of law cannot be achieved.
For example, it is clear the King under Article 40 (2)(a) appoints the prime minister and the criteria in the first instance is that who he thinks has the majority support.
This Article must be read with Article 43 (4) which says the prime minister must tender his resignation if he does not have the majority support.
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