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皇冠现金网开户(www.hg108.vip):Who gets first right to form govt \u2013 a way forward

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POLITICAL parties are at an impasse. 

What is the problem? 

The problem arises because Barisan Nasional (BN), with its 30 lawmakers, is clearly divided. As a coalition, its supreme council has voted to stay out of government and its MPs have indicated they intend to comply with that directive. 

Secondly, the chairman of the coalition, Ahmad Zahid Hamidi, openly lied to the palace, with leaders claiming he took a stand inconsistent with that decision.

The council has said they do not intend to work with either Pakatan Harapan (PH) or Perikatan Nasional (PN). Individual MPs have agreed to this. 

This means that the 30 members from BN cannot be included in any count for majority support in the house. 

As a result no one party can form a simple majority. Are there any proposals to get around this problem? 

There have been several calls to allow one candidate to form the government and then to allow that candidate to attempt to build a coalition. 

This argument rests on a United Kingdom parliamentary convention that suggests the leader of the party with the most seats should be given the right to form the government. 

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Should the convention apply in Malaysia? 

The convention should not be applied in Malaysia wholesale. There are serious difficulties with its application. 

First, in the UK, part of the convention in a hung parliament is that the incumbent prime minister is usually given the first opportunity to form the government.

This is because UK is primarily a two-party system (Labour and Conservative) with several smaller parties (Unionist Democratic Party/Liberal Democrats). 

Malaysia, on the other hand, has several coalitions of political parties (BN: Umno/MCA/MIC/Parti Bersatu Rakyat Sabah), or PN (Bersatu/PAS/Gerakan) or PH (PKR/DAP/Amanah/Upko).

The incumbent prime minister is not able to form the government because his coalition only has 30 seats in parliament. 

Second, the manner in which this convention is applied in the UK is not consistent with the practice in Malaysia since 2018. In the UK, it is assumed that all the members of the of two largest coalition parties will vote consistently and the invitation is extended to the leader of the party with the most seats, remembering that it is primarily a two-party system. 

This is not the convention in Malaysia. In times of doubt, the palace has asked individual MPs to provide statutory declarations to determine their intent, as well as interview them.

What is the test to be applied? 

In Malaysia there is a written constitution. The requirement is for the candidate to convince the Yang di-Pertuan Agong that he is someone who “is likely to command the confidence of the majority of the members of that house.” That is a specific test. 

This test cannot be met simply by selecting the party with the largest number of seats. There are two reasons for this.

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