Democrats to seek Constitutional Court nullification of Article 44 order amending political party law

By The Nation

 

The Democrat Party will file a petition to the Constitutional Court via the Ombudsman’s Office, asking it to nullify the junta chief’s order to amend the political party law to extend parties’ administrative work periods ahead of the general election, its leader Abhisit Vejjajiva said on Monday.

 

Abhisit said the party’s legal team had held a meeting today at which it had resolved to prepare and submit such a petition to the court via the Ombudsman.

 

The absence of electronic channels for existing parties to contact their members and the requirement to provide evidence to prove members’ qualifications are clearly burdens on political parties and their members, thus violating the 2017 Constitution, he said.

 

The requirement to report the status of party members within 30 days is an additional burden both on the parties themselves and their members, the former prime minister added.

 

The new charter requires any legal enactment or amendment to be subject to public consultation in line with Article 770, but the junta’s order fails to meet this need, he stressed. Abhisit also viewed that the junta chief’s absolute power under Article 44 of the interim charted used to issue the order had become obsolete, since the interim charter had been discarded following the promulgation of the 2017 Constitution.

 

In his opinion, the order goes against the current charter both in terms of public rights and legitimate procedures.

 

The invocation by junta head Prime Minister General Prayut Chan-o-cha of Article 44 to amend the political party law was announced in mid-December, with its prime purpose to help ease time limits for political parties to pursue some activities, including updating and registering their party membership, which originally ended this month.

 

However, other new conditions were also addressed in the new order that political parties see as being more of a burden rather than a relief.

 

Source: http://www.nationmultimedia.com/detail/breakingnews/30335704

 

-- © Copyright The Nation 2018-01-08

Oh dear Mark......attitude adjustment for you soon!

11 minutes ago, ChrisY1 said:

Oh dear Mark......attitude adjustment for you soon!

I think they have stopped all that now they have decided they are a civilian government. Now they just ensure you have broken the computer crimes dictat and do you under that.

16 hours ago, webfact said:

asking it to nullify the junta chief’s order

no chance; exactly the purpose of S44, bypass everything and everyone

awwwww diddums, didn't they hand power to your party this time to screw things up even further?

 

That said, anyone having a go at this charade of a government deserves some credence.

19 hours ago, webfact said:

The new charter requires any legal enactment or amendment to be subject to public consultation in line with Article 770

It's Article 77, not 770.

"Prior to the enactment of every law, the State should conduct consultation with stakeholders, analyse any impacts that may occur from the law thoroughly and systematically, and should also disclose the results of the consultation and analysis to the public, and take them into consideration at every stage of the legislative process."

Maybe the NCPO/NLA don't consider the public as stakeholders.

19 hours ago, webfact said:

Abhisit also viewed that the junta chief’s absolute power under Article 44 of the interim charted used to issue the order had become obsolete, since the interim charter had been discarded following the promulgation of the 2017 Constitution.

Whaaat?

Abhisit needs better reading glasses. The 2017 Constitution did not automatically dissolve NCPO nor its powers under Article 44 of the Interim Charter.

 

Transitory Provisions, Article 265 states (English translation of draft by Office of the Council of State):

• The National Council for Peace and Order holding office on the day prior to the date of promulgation of this Constitution shall remain in office to perform duties until the new Council of Ministers appointed subsequent to the first general election under this Constitution takes office.
• While performing the duties under paragraph one, the Head of the National Council for Peace and Order and the National Council for Peace and Order shall continue to have the duties and powers as provided in the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) as amended by the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 1), B.E. 2558 (2015) and the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 Amendment (No. 2), B.E. 2559 (2016); the provisions of the Constitution of the Kingdom of Thailand that pertain to the powers of the Head of the National Council for Peace and Order and the National Council for Peace and Order shall be deemed to remain in force.

I don't see the Constitutional Court ruling Article 265 (and thus Article 44) to be unconstitutional.