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[TD="class: msgFname, width: 68%"] Sutukudu <NOBR></NOBR>[/TD]
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[TD="class: msgtxt"][h=3]___________Law Minister Shanmugam wants to play by the constitution, let's play by the constitution..[/SIZE][/h]___________Neh.. How come likdat ?? Malu leh..[/SIZE]
Posted by Barrie at <A class=timestamp-link title="permanent link" href="http://wherebearsroamfree.blogspot.com/2011/08/law-minister-shanmugam-wants-to-play-by.html" rel=bookmark target=_blank><ABBR class=published title=2011-08-06T13:23:00+08:00>1:23:00 PM</ABBR>
It is a sham, er I mean a shame (heck, maybe sham would have been a better description) that Law Minister Shanmugam tries to threaten candidates and Singaporeans with the constitution.
Elections do not change president's powers
Chapter 1 - The President
So which part of this section of the Constitution states that the President can speak on issues only as authorised by the Cabinet?
Which part states that if the President challenges the Govt, he will be acting unconstitutionally?
The President will be acting unconstitutionally if he breaks the constitution. So which part of the constitution will he be breaching if he speaks on issues that "Cabinet does not approve"? Or which part of the constitution he will be breaching if he challenges the Govt?
Would the good Law Minister care to explain?
I feel that the fact that Shanmugam made a public statement about such, when no constitution would be breached if the President were to speak on issues "not approved by Cabinet", shows that the PAP is getting nervous about Tony Tan's fast sliding popularity.
PAP probably feels that there may be a good chance that a non-endorsed PAP may well be the President. As such, Shanmugam has to come out with this scare tactic, hopefully to put pressure on candidates who have been campaigning that they will speak for the people, rather than for PAP.
OK, smart guy Shanmugam. You want to play by the consti, let's play by the consti. Here are the Presidential powers as stated, clear as crystal, in the constitution.
Let's look at Section 22F (also from the link above)
That's not all. I found another gem for the President to be able to use as an ace card.
OK, even if you argue it must be after the GE, please remember that the next GE is due BEFORE the next coming Presidential Elections. Which means that this incoming President will have the AUTHORITY to choose whomever he feels fit to be the PM after the next GE! And that PM may well be a non-endorsed PAP PM!
Aww...interesting, no?
So Shanmugam, you wanna play by the book, let's play by the book then. How about Singaporeans putting a non-endorsed PAP Presidential candidate and let's see how this "go by the consti" game plays out.
We'll see if Law Minister Shanmugam will still have that smile on his face, should a non-PAP endorsed President start exercising his constitutional rights, including putting a non-endorsed PAP PM in Parliament!
http://wherebearsroamfree.blogspot.com/2011/08/law-minister-shanmugam-wants-to-play-by.html
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[TD="class: msgFname, width: 68%"] Sutukudu <NOBR></NOBR>[/TD]
[TD="class: msgDate, width: 30%, align: right"]1:58 am [/TD]
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[TD="class: wintiny, align: right"]55081.1 [/TD]
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[TD="class: msgtxt"][h=3]___________Law Minister Shanmugam wants to play by the constitution, let's play by the constitution..[/SIZE][/h]___________Neh.. How come likdat ?? Malu leh..[/SIZE]
Posted by Barrie at <A class=timestamp-link title="permanent link" href="http://wherebearsroamfree.blogspot.com/2011/08/law-minister-shanmugam-wants-to-play-by.html" rel=bookmark target=_blank><ABBR class=published title=2011-08-06T13:23:00+08:00>1:23:00 PM</ABBR>
It is a sham, er I mean a shame (heck, maybe sham would have been a better description) that Law Minister Shanmugam tries to threaten candidates and Singaporeans with the constitution.
Elections do not change president's powers
LAW Minister K Shanmugam said on Friday that the process of direct elections does not change the scope of the Elected President's powers as set out in the Constitution.
And the Constitution states that the President can speak on issues only as authorised by the Cabinet, he said at a Institute of Policy Studies forum.
"If a head of state challenges the Government, he will be acting unconstitutionally," Mr Shanmugam added.
Here's a link to the part of the constitution where it spells out the powers and duties of the President.And the Constitution states that the President can speak on issues only as authorised by the Cabinet, he said at a Institute of Policy Studies forum.
"If a head of state challenges the Government, he will be acting unconstitutionally," Mr Shanmugam added.
Chapter 1 - The President
So which part of this section of the Constitution states that the President can speak on issues only as authorised by the Cabinet?
Which part states that if the President challenges the Govt, he will be acting unconstitutionally?
The President will be acting unconstitutionally if he breaks the constitution. So which part of the constitution will he be breaching if he speaks on issues that "Cabinet does not approve"? Or which part of the constitution he will be breaching if he challenges the Govt?
Would the good Law Minister care to explain?
I feel that the fact that Shanmugam made a public statement about such, when no constitution would be breached if the President were to speak on issues "not approved by Cabinet", shows that the PAP is getting nervous about Tony Tan's fast sliding popularity.
PAP probably feels that there may be a good chance that a non-endorsed PAP may well be the President. As such, Shanmugam has to come out with this scare tactic, hopefully to put pressure on candidates who have been campaigning that they will speak for the people, rather than for PAP.
OK, smart guy Shanmugam. You want to play by the consti, let's play by the consti. Here are the Presidential powers as stated, clear as crystal, in the constitution.
Let's look at Section 22F (also from the link above)
President’s access to information
22F. —(1) In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a) the Government which is available to the Cabinet; and
(b) any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2) The President may request —
(a) any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b) the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies, to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.
So would the govt furnish the President such info, unlike what they did to the late Ong Teng Cheong? Come on Shammugam, let's here your views on that.22F. —(1) In the exercise of his functions under this Constitution, the President shall be entitled, at his request, to any information concerning —
(a) the Government which is available to the Cabinet; and
(b) any statutory board or Government company to which Article 22A or 22C, as the case may be, applies which is available to the members of the statutory board or the directors of the Government company.
(2) The President may request —
(a) any Minister, or any senior officer of a Ministry or of a department of the Government; or
(b) the chief executive officer and any member of the governing board of any statutory board or the directors of any Government company to which Article 22A or 22C, as the case may be, applies, to furnish any information referred to in clause (1) concerning the reserves of the Government, the statutory board or Government company, as the case may be, and the Minister, member, officer or director concerned shall be under a duty to provide the information.
That's not all. I found another gem for the President to be able to use as an ace card.
Appointment of Prime Minister and Ministers
25. —(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.
(2) Appointments under this Article shall be made by the President by instrument under the public seal.
The President appoints the PM? The consti is totally silent on when the appointment should be made - after the GE or after the Presidential Elections. 25. —(1) The President shall appoint as Prime Minister a Member of Parliament who in his judgment is likely to command the confidence of the majority of the Members of Parliament, and shall, acting in accordance with the advice of the Prime Minister, appoint other Ministers from among the Members of Parliament:
Provided that, if an appointment is made while Parliament is dissolved, a person who was a Member of the last Parliament may be appointed but shall not continue to hold office after the first sitting of the next Parliament unless he is a Member thereof.
(2) Appointments under this Article shall be made by the President by instrument under the public seal.
OK, even if you argue it must be after the GE, please remember that the next GE is due BEFORE the next coming Presidential Elections. Which means that this incoming President will have the AUTHORITY to choose whomever he feels fit to be the PM after the next GE! And that PM may well be a non-endorsed PAP PM!
Aww...interesting, no?
So Shanmugam, you wanna play by the book, let's play by the book then. How about Singaporeans putting a non-endorsed PAP Presidential candidate and let's see how this "go by the consti" game plays out.
We'll see if Law Minister Shanmugam will still have that smile on his face, should a non-PAP endorsed President start exercising his constitutional rights, including putting a non-endorsed PAP PM in Parliament!
http://wherebearsroamfree.blogspot.com/2011/08/law-minister-shanmugam-wants-to-play-by.html
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