A journalist asked me to comment on the changes that I like to see in the constitution on the power of the President. (She said that Dr. Tony Tan had given some comments in his interview on this matter).
I replied that I like to see the constitution changed to give the full power of clemency to the President. He can seek the advice of his Presidential Council or the Cabinet, but should not be compelled to follow the decision of the Cabinet.
This does not mean that he will act against the advice of the Cabinet. The Cabinet or Home Affairs Minister can give its recommendation for the President to make the final decision. Unless the President has strong reasons, the President is likely to take this advice. This is a more proper approach.
It is also better for the Government to allow the President to exercise clemency, and help the Government get out of a difficult situation, for borderline cases - where there is an element of doubt. In other cases, the President has to reject the appeal and take the burden of this difficult situation.
I replied that I like to see the constitution changed to give the full power of clemency to the President. He can seek the advice of his Presidential Council or the Cabinet, but should not be compelled to follow the decision of the Cabinet.
This does not mean that he will act against the advice of the Cabinet. The Cabinet or Home Affairs Minister can give its recommendation for the President to make the final decision. Unless the President has strong reasons, the President is likely to take this advice. This is a more proper approach.
It is also better for the Government to allow the President to exercise clemency, and help the Government get out of a difficult situation, for borderline cases - where there is an element of doubt. In other cases, the President has to reject the appeal and take the burden of this difficult situation.
2 comments:
If everything has to be 'on the advice of the cabinet' and blocking is for show only then why have a president without the teeth.Isn't it a waste of money? Someone can double this role on part time basis,eg a minister.
If president is that important isn't another chamber, like the upper house or the senate more useful?
At least this power must be transferred to the President. The govt is making a mockery of the term "President's Clemency". When will all this nonsense ever end?
Might as well rename it "Cabinet's Clemency", and be done with it.
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