Abstract
Human rights activists demanded a stringent action from the Executive due to an annual occurrence of river pollution and a recurring haze disaster in 2019. The proposed move includes removal of the respective Environment Minister and an emergency declaration by the King (YDPA) to address the above situations. It is under this premise that the Lockean legalism model is explored in relation to the emergency power conferred to the Executive i.e., the Monarch. Modelling John Locke’s legalism, namely conditions of political legitimacy meaningfully describe legitimate sovereign approach to laws that are conducive to public good. The primary aim of the research is to legally explore the adoption of Lockean legalism in examining the extent of the powers conferred to the YDPA and the enumerated function of the Conference of Rulers in the proclamation of emergency in the environment and climate change domain in Malaysia. The research employs a qualitative methodology and incorporates a content analysis approach. The outcome of this study is a proposed measure using the Lockean mechanism in understanding the power to proclaim emergency in the environmental crisis. This research is significant as it would contribute to the body of knowledge to enhance the prerogative power of the YDPA in relation to the state of emergency.
Highlights
In 2019, the Sungai Kim Kim pollution has affected more than 20,000 people and the closing of 475 education institutions in the state of Johor
In performing His Majesty's function, the provision is interpreted into two dominant arguments, they are Yang diPertuan Agong (YDPA) acting on advice and YDPA officially declaring an emergency without any advice from the Prime Minister (PM)
It has a bicameral structure at federal level with the King (YDPA) as the head of state and the PM as the head of government, the state level composition is a unicameral system with the Ruler as the head of state and the Chief Minister (Menteri Besar) as the head of the state government
Summary
In 2019, the Sungai Kim Kim pollution has affected more than 20,000 people and the closing of 475 education institutions in the state of Johor. The power to declare a state of emergency vested on the Yang diPertuan Agong (YDPA) and this power of the YDPA may be exercised if he is convinced and satisfied that “a grave emergency exists” (Article 150(1), Federal Constitution) This enumerated function of His Majesty Executive power has experienced many revolutions that in some instances has challenged His Royal Highness sole position to proclaim state of emergency and in some other instances has expanded the interpretation given to the meaning of “a grave emergency exists”. In performing His Majesty's function, the provision is interpreted into two dominant arguments, they are YDPA acting on advice and YDPA officially declaring an emergency without any advice from the Prime Minister (PM)
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