JUNE 1 — A constitution is sui generis. The expression is Latin for “of its own kind” or “in a class by itself” or simply “unique”.

In the words of Acting Lord President Raja Azlan Shah (as His Royal Highness then was), a constitution, being sui generis, calls for its own principles of interpretation, suitable to its character, but without necessarily accepting the ordinary rules and presumptions of statutory interpretation. (See His Royal Highness’ judgment in Dato Menteri Othman Bin Baginda & Anor v Dato Ombi Syed Alwi Bin Syed Idrus [1981] 1 MLJ 29)

A living piece of legislation that it is, a constitution calls for respect not only to the language which has been used but also to the traditions and usages which have given meaning to that language. While recognising that rules of interpretation may apply, a departure may be taken for the process of interpretation of a constitution to give effect to its character and origin.

In the words of Lord Wilberforce, constitutional provisions must be construed broadly and not in a pedantic way – that is, “with less rigidity and more generosity than other Acts”. (See His Lordship’s judgment in Minister of Home Affairs v Fisher [1979] 3 All ER 21)

Acting Lord President Raja Azlan Shah asserted that this was how we should construe our Federal Constitution, which was enacted as a result of negotiations and discussions between the British Government, the Malay Rulers and the Alliance Party relating to the terms on which independence should be granted.

One of its main features is the place and role of the Malay Rulers, which, to borrow the words of His Royal Highness, illustrate “the depth of our heritage and the strength of our constitutional law”.

If a constitution is unique, the Federal Constitution is even more so because, among other things, and in the words of the great constitutionalist Prof Hickling, it is a document that mingles “the ideas of Westminster and the experience of India”.

The Federal Constitution has “few parallels in the modern world” – to borrow the words of our own great constitutionalist, Prof Dr Shad Saleem Faruqi.

As a matter of fact, the country has no parallels for the celebrations over the weekend and today: Kaamatan, Gawai, Wesak Day and His Majesty’s Official Birthday.

If Kaamatan and Gawai celebrations provide occasions to renew commitment to fairer development for Sabah and Sarawak while Wesak Day offers an occasion to reflect on the noble values that form the foundation of harmonious community life, let’s take the occasion of His Majesty’s Official Birthday – a national celebration to honour the King – to reaffirm expressly, unequivocably and unanimously the constitutional position of the Rulers.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.