Some Article 44 orders to become permanent laws

By WASAMON AUDJARINT 
THE NATION

 

file photo

 

WISSANU SAYS ONLY NEW CABINET RESOLUTIONS CAN CHANGE THEIR STATUS

 

PLANS RELATED to the future of the junta’s sweeping Article 44 orders were in place, with each order being classified on a case-by-case basis, including plans to upgrade some into permanent laws and revoking others, Deputy Prime Minister Wissanu Krea-ngam said yesterday.

 

While the ruling junta will eventually step down, the all-powerful Article 44 orders could remain in force – until they are either upgraded or revoked by permanent laws or resolutions, depending on the purposes and effects of each order.

 

Much criticised for its lack of checks and balances, Article 44’s absolute power granted to the head of the National Council for Peace and Order (NCPO) will expire when the next post-election government is established.

 

However, existing orders will remain in place pending new laws or Cabinet resolutions issued to upgrade or revoke them.

 

The Article 44 clause actually stems from the defunct 2014 interim charter, but the junta-written 2017 Constitution allows the NCPO to continue to exercise the power in the post-coup interim, which in practice has resulted in new orders being issued continuously.

 

The latest order was to controversially amend the political party law.

 

Most of about 200 orders issued under Article 44 will remain in force until they are countermanded by other laws or resolutions, depending on the nature of the orders, said Wissanu, the NCPO’s legal adviser.

 

Orders that had legal ramifications would be revoked by legislation, he added, while those with administrative effects, such as reshuffle officials, could be revoked by Cabinet resolutions.

 

Some orders that had been enacted to “immediately solve problems” could be upgraded into permanent bills or decrees – but only if responsible agencies proceeded according to parliamentary mechanisms, Wissanu said.

 

Some would need to be revoked by further Article 44 orders, while others could expire on their own, Wissanu said.

 

“We always think when and how these orders will come to an end,” he added. While it was still unclear when Article 44 powers would expire, it could be possible to legislate a single bill to revoke multiple orders, Wissanu said.

 

Wissanu spoke after the Cabinet concluded on Tuesday to set guidelines for the issuance of Article 44 orders after three years of seeing abundant requests from state agencies. He reiterated that all orders invoking absolute powers would need to be concluded one way or another.

 

“They will all be either upgraded or revoked. All offices should keep in mind to not be too dependent on [absolute powers],” he said.

 

Source: http://www.nationmultimedia.com/detail/politics/30335954

 

-- © Copyright The Nation 2018-01-11

Another man with a totally  honest face.......

 

....and how they do love to talk...and talk....and talk.

 

This chappy deserves a cardboard cutout all of his own.

Edited January 11, 20188 yr by Odysseus123

Thailand is a land of beautiful people. Why is it everyone connected to the government is so fugly.

Yesterday The Nation reported Sansern as asserting that the S.44 orders are already laws.

http://www.nationmultimedia.com/detail/politics/30335891

The next coup will sort it all out

7 hours ago, webfact said:

All office[r]s should keep in mind to not be too dependent on

... any laws, past, present or future.

Best for each to decide their own law to enforce or ignore.

Clearly the junta has not reformed law enforcement by its willy nilly use of Article 44.

Clearly, the memorialization of the NCPO Orders into permanent laws by an unelected legislative body bypasses what should have been the sovereignty of the Thai people as guaranteed under the 2017 Constitution.

7 hours ago, webfact said:

All offices should keep in mind to not be too dependent on [absolute powers],” he said.

 

All?

 

You sure that applies to 'all'?

The S44 rules were initiated without cabinet debate or discussion.....how can they be legitimate?

 

The headline is wrong. There is a proposal to review the edicts issued under Article 44 with a view to making those selected into laws. Some are reasonable such as the assignment of surplus government owned land to landless farmers. It is up for discussion but there is stiff resistance from many leading academics.

 

Not done and dusted!

Is there anyone bold enough to dispense with Article 44? It should be abolished on the date of the next election at the latest.

39 minutes ago, nong38 said:

Is there anyone bold enough to dispense with Article 44? It should be abolished on the date of the next election at the latest.

Anyone?

Only the NCPO can abolish it unless the NCPO itself could be abolished.

3 hours ago, ChrisY1 said:

The S44 rules were initiated without cabinet debate or discussion.....how can they be legitimate?

 

All laws arbitrarily put into place are always the best! 

12 hours ago, berybert said:

Thailand is a land of beautiful people. Why is it everyone connected to the government is so fugly.

They are inbred, entitled Hi-So's .   That is why they talk so much too.  Taking laws seriously that were made during martial law shows their lack of understanding of how laws are suppose to be made.