The document discusses the justification for monarchies in modern constitutional governments. It argues that monarchies can play an important role in preventing absolutism by allowing different interests in society to participate in government. The document also discusses the concept of a monarch having reserve powers that can be exercised during times of crisis, such as a hung parliament, to stabilize democracy and constitutionalism. These reserve powers are meant to serve as a check on the government and save democracy in cases where other institutions are unable to function properly or deliver good governance.

1. Cont’

5.  Monarchy umbrella for the country.
 Montesquieu
 Contemporary form of monarchical regime
represented the paradigm of modern govt
whose main features are the presence of law
and SOP as check upon exercise of public
powers which tend to be tainted with abuse.
 Monarchical regimes provides security for its
subjects by posting external constraints on
political power.

6.  Munro
 Position of monarch in modern consti could
be justified with ref to Greek master such as
Aristotle and Plato
 These early thinkers held that major interest
in society must be allowed to participate
jointly in govt in order to prevent one
interest(govt) from dominating entirely.
 As such monarchies, autocracies and
democracies were allowed to co exist in order
to prevent absolutism.

7.  Some may think this institution (monarch)
may not entirely conform with democracy, as
democracy require an election by the people.
 But monarch is important as without it,
democracy will be unstable and manipulated
by the those in power.

8.  The king will only play its important role when there is
chaos esp when there is hung parliament.
 When a general election results in no single political party
winning an overall majority in the House of Commons, this
is known as a situation of no overall control, or a 'hung
Parliament'.
 The king actually has reserve power . These powers are
inherent in the office as ultimate guardian or protector of
the state and nation.
 One must not discount situation where legal and
legitimate exercise of consti power may lead to difficulties
and crises. This include misuse of power by the govt and
constitutional ideals are being subverted.
 In this situation the king may assume the reserve power
and act against or without advice.

9.  The idea that this reserve power are given to
the head of state is to save democracy and
the constitutionalism (limited govt) and check
and balance.
 One must also not discount the possibility of
other institution being subverted or
prevented from functioning, indirectly or
otherwise.
 Thus reserve power is important for no one
can be sure that the constitution would
always be able to function and deliver.

11.  St. Augustine that 'an unjust law is no law at
all.' ... An unjust law is a code that is out of
harmony with the moral law. To put it in the
terms of St. Thomas Aquinas: An unjust law is
a human law that is not rooted in eternal law
and natural law. Any law that uplifts human
personality is just.
 Likewise any laws that oppress and
destabilize human personality is unjust law.

14.  The 1977 emergency declared in the state of
Kelantan, like the Sarawak emergency of 1966, was
confined to a particular state and was likewise
brought about by political squabbles in the State.
 However, the approach and administration of the
emergency by the Federal Government in Kelantan
was vastly different from that in Sarawak.
 The problem from beginning to end was a struggle
for control of the State Government of Kelantan
between UMNO and the Parti Islam Malaysia (PAS).
The latter were the executives in Kelantan whereas
the former governed at the Federal level.

15.  It would appear 'that PAS member secretly
intended to jump party to UMNO. This led to a
crisis within PAS. Although the Menteri Besar,
Dato Mohd. Nasir, and seven other PAS Central
Committee members of like-mind, did not cross-
over to UMNO, it was evident that current CM
had lost the confidence of the majority of the PAS
members in the State legislature. The Menteri
Besar was given an ultimatum by his party to
resign or face a no-confidence motion in the
State assembly where PAS held 22 of the 36
seats. He refused to resign.

16.  In this case the Menteri Besar did not resign
but suggested the Regent to dissolve the
Assembly

17.  However the Regent did not want to dissolve
SLA. It was then-incumbent on the Menteri
Besar, to tender the resignation of his
Government and call upon some other person
who in his opinion is likely to command the
confidence of the majority in the Assembly to
form a new Government.

18.  It was unlikely that the Regent would allow
the State to function without a government.
But the deadlock was allowed to continue
until-8th November 1977 when an
emergency was declared in Kelantan.

19.  Since CM refuse to resign the Proclamation
declared that a grave emergency existed
whereby the security or the economic life was
threatened“
 With this deadlock, the State will function
without a government

22.  The end