Risk of road map failure over legality of MPs election bill

[webfact]

Risk of road map failure over legality of MPs election bill

By POLITICAL DESK 
THE NATION

 

 

IF CONSTITUTIONALITY CHALLENGED, JUNTA COULD HAVE BLANK CHEQUE ON POLL PROCESS

 

INTENTIONALLY or not, the legislative assembly’s decision not to seek a Constitutional Court verdict as to whether the MPs election bill is constitutional seems to be a time bomb that could eventually affect the entire political road map.

 

After recently passing bills on the election of MPs and selection of Senators – the last two organic laws required for holding an election – the National Legislative Assembly (NLA) resolved to seek a court decision only on the constitutionality of the Senate selection legislation. 

 

The decision was made despite views pointing to certain “problematic” points in the election bill and warnings of a legal tangle that could severely affect the election schedule if relevant authorities are forced to seek a Constitutional Court verdict on the bill’s constitutionality at the last minute.

 

NLA president Pornpetch Wichitcholchai said the assembly had decided to seek a court verdict only on the bill about the Senate selection because it did not want to cause a further delay to the election. Following repeated postponements, Prime Minister Prayut Chan-o-cha promised last month that the election would be held “no later than” February next year.

 

Pornpetch added that a Constitutional Court ruling could also be sought for the election bill by any relevant agency, including the Election Commission, in the future.

 

There is a risk that the next election could be postponed indefinitely if the Constitutional Court rules that the bill on Senate selection is unconstitutional. And the risk could be even higher if, in the future, the bill on the election of MPs is also brought to the court.

 

Article 148 of the Constitution states that any bill shall lapse if the Constitutional Court decides that it has provisions that are contrary to or inconsistent with the Constitution, or it is enacted contrary to the constitutional clauses that such provisions of the bill form an essential element thereof.

 

If the court rules the Senate bill unconstitutional, there will not only be a further delay to the next election but also a severe impact on the core of the political road map. 

 

A bill that is found to be unconstitutional needs to be redrafted from the beginning. And the Constitution may need to be amended, as no current clause states clearly who would do the job of drafting the legislation. The term of the existing Constitution Drafting Commission (CDC), which has been responsible for writing all the organic laws required by the Constitution, ends as soon as the last such legislation is promulgated.

 

Also, the charter does not state in detail when such an amendment should be completed or the drafting of a new bill finished.

 

As a result, the ruling junta would, in effect, get a blank cheque on matter.

 

If the blow from a court verdict on the Senate selection bill is not enough to disrupt the road map, a new legal headache caused by the election bill might prove to be the second blow in a one-two punch.

 

NLA member Kittisak Rattanawaraha yesterday reiterated his warning that certain clauses in the election law could cause the election to be ruled void. He pointed to a clause that allowed disabled and frail elderly voters to be assisted in casting their ballots, adding that this was against the constitutional requirement that voting must be done in secret.

 

Meanwhile, authorities have admitted that omitting the MPs election bill from the Constitutional Court petition was a risk. If, in the future, the case were brought to court, the election would inevitably be affected, they implied.

 

Deputy Prime Minister Wissanu Krea-ngam said yesterday that after the promulgation, it was no longer possible for authorities to lodge a petition unless a lawsuit regarding the bill’s constitutionality had already occurred. That was a risk, he admitted. 

 

The CDC has expressed its desire for the Cabinet to seek a court ruling if the NLA does not do so. Wissanu said the matter had not yet been discussed by the government, but Prime Minister General Prayut Chan-o-cha had the authority to take the issue to the court.

 

After the NLA submits the bill to the prime minister, the law would be held for five days in case anyone, including politicians, wanted to challenge it, Wissanu said.

 

After that period, the Cabinet would have another 20 days to decide if they wanted to seek a court ruling over the bill’s constitutionality, he said. If not, the bill would be submitted for royal endorsement.

 

The concern over the petition now lies with its impact on the election road map. Wissanu said that a ruling over legality usually did not take a long time and, although the election could be postponed, it would not be for a long period of time.

 

Udom Rathamarit, a legal expert and constitutional drafter, yesterday said the main priority should be to ensure the clarity of the law before the election.

 

“The impact on the road map is worrisome and the NLA may have considered that. But if we enforce the law and people are affected, I’m not sure if they will complain with the court or if the election will be nullified,” Udom said.

 

Source: http://www.nationmultimedia.com/detail/politics/30341284

 

-- © Copyright The Nation 2018-03-20

[Cadbury]

Just laying the groundwork for yet another election delay announcement. 

[Lungstib]

This map must have been drawn on elastic. Bogged down by their own omissions and mistakes in a written constitution of their own making. An election which almost certainly wont give a result anyone wants will just lead to what we have already, confusion.

[AGareth2]

2 hours ago, webfact said:

There is a risk that the next election could be postponed indefinitely if the Constitutional Court rules that the bill on Senate selection is unconstitutional. And the risk could be even higher if, in the future, the bill on the election of MPs is also brought to the court.

well well well

how convenient

[YetAnother]

2 hours ago, webfact said:

seems to be a time bomb that could eventually affect the entire political road map.

recent conversation with an internationally-known journalist (happens to be a friend of mine): when asked what thais were good at, after glossing over the too obvious, corruption, he said 'holding on to power'

[tracker1]

There is a risk that the next election could be postponed indefinitely ! well what a total shock after all the promises 

[YetAnother]

8 minutes ago, tracker1 said:

There is a risk that the next election could be postponed indefinitely ! well what a total shock after all the promises 

thailand: land of half-truths

[Lupatria]

Great! That minimizes the chance of another beer sale ban during polling for a loong time.

[mtls2005]

They should probably ditch this whole "roadmap" term. It was convoluted when first revealed, has been re-jiggered 19 times, read upside down a few times and now everyone is on the road to Cambodia, or Myanmar.

 

The efforts to Shinatawatra-proof (and coup-proof) future elections has been almost laughable, with a lengthy "constitution", organic laws, new courts and a 20-year plan. They would have been better off speeding up the process, after all they're going to need another coup or 20 anyway.

Edited March 20, 2018 by mtls2005

[JonnyF]

To summarize for those who cannot be bothered reading all that BS - the article can be summarized as "Blah Blah Blah Blah yadda yadda yadda - the election will be delayed yet again".

[nahkit]

This road map has more potholes than our village.

[TKDfella]

Ha! I can just imagine what any UN official is thinking right now 'Oh gee, they're going to do it again. Secretary, write out the following as a draft ready for when the inevitable happens.......'

[billd766]

IMHO if they haven't got it right after about 3 years, then they never will.

[Ossy]

8 hours ago, webfact said:

IF CONSTITUTIONALITY CHALLENGED, JUNTA COULD HAVE BLANK CHEQUE ON POLL PROCESS

This has been a clear and obvious threat, ever since Article 44. That the country can only hope for at least a spark of decency within the junta has also been clear. The only unclear issue is how the NLA will behave . . . or, perhaps more relevantly, how Prayut will advise/instruct them to behave.

And, as for the 'roadmap', there has never been one . . . it was just a catchy sounding thing that the NCPO pinched from the UN, during the Israeli/Palestine troubles and when there were people who genuinely wanted to have a map and, if at all possible, to keep to it. The total opposite of this morally devoid bunch.

[Eligius]

Delay by design.

 

Isn't this becoming so tedious by now? Delay, excuse, delay after excuse after delay, complication, uncertainty, delay - on and on it goes (deliberately so).

 

Oh well, the Thais pretty much all know what the score and the agenda are by now (unless they've been living in a cave for the past 4 years)  - so it is up to them ...

[Eligius]

5 hours ago, YetAnother said:

thailand: land of half-truths

Thailand - raised from infancy on half-truths - and full to bursting with out-and-out, complete, intelligence-mocking lies!

 

 

 

Edited March 20, 2018 by Eligius

[chama]

15 hours ago, webfact said:

There is a risk that the next election could be postponed indefinitely if the Constitutional Court rules that the bill on Senate selection is unconstitutional. And the risk could be even higher if, in the future, the bill on the election of MPs is also brought to the court.

I bet the junta members are dancing and there will be new watches for everyone. This would be funny if it wasn't so important. When will someone in touch with reality step in and get this mess back on track?

[chama]

15 hours ago, webfact said:

“The impact on the road map is worrisome and the NLA may have considered that. But if we enforce the law and people are affected, I’m not sure if they will complain with the court or if the election will be nullified,” Udom said.

Thais are getting fed up with living under a regime that was not elected. They are used to the corrections provided by juntas taking charge for short periods of time but there are signs they are tired of waiting and they will do more than complain, they will demand an election that will withstand scrutiny.