Is the King’s power to grant a pardon, ‘personal’ and ‘absolute’?

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  • Опубліковано 8 вер 2024
  • This video deals with Malaysian Yang Di Pertuan Agong's (King's) power to grant pardons: a controversial subject that has sparked considerable debate and discussion. The video analyses the constitutional and legal framework surrounding the King's power to grant royal pardons. It explores its limits and the implications of recent legal interpretations.
    Key Highlights:
    What are the King's Discretionary Powers? What is meant by the King's 'discretion' under the Malaysian Federal Constitution, and whether it equates to 'absolute power'.
    Historical Context: Consider the principle established by the jurist de Bracton that: "No one is above the law, not even the Kin." See how this principle is reflected in the role of the Malaysian Constitutional Monarch.
    The King's Advisory Mechanisms: Explore the structures in place that guide the King's decisions, including the Pardons Board, and whether the King is obliged to follow their advice.
    Specifics of the Pardons Process: Analyze the process involving the Pardons Board, the role of the Attorney General, and the constitutional stipulations that guide the King's decision-making in pardon cases.
    Constitutional Amendments and Their Impact: Review the significant changes following the 1994 constitutional reform, focusing on Article 40(1A) and its implications for the King's pardoning power.
    Judicial Interpretations and Controversies: Examine how Malaysian courts have interpreted these constitutional provisions, especially in light of conflicting rulings post-1994.
    Transparency and Accountability: Discuss the level of transparency in the Pardons Board's proceedings and the public's right to know about its advisories.
    This video is an essential watch for anyone interested in Malaysian constitutional law, the rule of law, and the balance of power between the monarchy and legal institutions. Whether you are a legal professional, a student, or simply a curious individual, this analysis will provide you with deep insights into a pivotal aspect of Malaysia's governance and legal system.
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