Dissolving parliament in a constitutional monarchy — Shahrul Mizan Ismail

Résumé détaillé
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NOVEMBER 11 — When the dissolution of Parliament is proposed as an answer to disagreement within the Cabinet, my first question is what, precisely, has failed. Has the Cabinet lost cohesion? Has the Prime Minister lost the confidence of a majority of the Dewan Rakyat? Or has the government become unable to govern effectively for the remainder of the parliamentary term? The Federal Constitution provides distinct procedures for changes in the Cabinet, loss of majority confidence and dissolution of Parliament.
On November 10, 2026, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said that dissolving Parliament would be preferable to reshuffling the Cabinet. Anthony Loke responded that the Prime Minister should resist pressure for an early dissolution and said that the role of advising the Yang di-Pertuan Agong on dissolution belonged to the Prime Minister. The exchange raises a constitutional question. How far can the officeholder entitled to make the request determine its outcome? (Astro AWANI, November 10, 2026 • Bernama, November 10, 2026)
The dissolution of the 14th Parliament illustrates the distinction. Ismail Sabri Yaakob sought an audience and presented his written request on October 9, 2022. The Speaker of the Dewan Rakyat confirmed receipt of the proclamation signed by the Yang di-Pertuan Agong under Article 55(2), with effect from October 10. In the Royal Address recorded in the Dewan Rakyat’s Official Report on February 14, 2023, His Majesty likewise described the Prime Minister’s request and the royal assent to dissolution as distinct acts. (Special address, paragraphs 27–28 • Speaker’s statement • Royal Address, paragraph 46)
In Charles Anthony R Santiago v Datuk Seri Ismail Sabri Yaakob & Ors [2022] MLRHU 2286, at [50]–[55], the High Court took the view that the Prime Minister could seek dissolution without first consulting the Cabinet.
The reasoning warrants a distinction between the monarch’s authority to consider the request and the procedure within…
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