Law professors oppose Constitutional Court’s dissolution of Future Forward

 

 

Thirty-six law professors, at the Faculty of Law of Thammasat University, have issued a statement voicing their disagreement with the Constitutional Court’s decision to disband the Future Forward party, and to ban its executive committee from politics for ten years, for accepting a 191.2 million baht loan from its then leader, Thanathorn Juangroongruangkit.

 

The Constitutional Court ruled that a political party cannot borrow money, even though the organic law on political parties does not specifically mention loans, which does not, however, mean that the law recognizes that a loan as legal.

 

The court also ruled that charging low interest on the loan is an unusual trade practice and, hence, the loan amounts to a donation in the form of “other benefits”.  Therefore, the party violated Section 66 of the organic law on political parties for taking loan in excess of the limit of ten million baht.

 

Full story: https://www.thaipbsworld.com/law-professors-oppose-constitutional-courts-dissolution-of-future-forward/

 

-- © Copyright Thai PBS 2020-02-24

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Banning a political party for a loan is ridiculous. There is no law and order in Thailand. Just excuses. 

When 36 lawyers can agree on the interpretation of certain laws, that in itself is an achievement. The profs make some very convincing arguments. Alas, Thailand is not about the rule of law. 

36 lawyers, the US embassy, the Canadian embassy, and the United Nations; anybody else want to step up and join the party? 

From the full story: In the statement, the law professors said that political conflict in Thailand, which has dragged on for several years, could be eased or resolved “if the law or the interpretation of the law is applied fairly and rightfully, if the jurists perform their duty without bias and the people in society join forces to search for a solution with reason and patience.”

While they are spot on with their comment, seeing the law applied fairly and rightfully under this Government is never going to happen.

In case of Thaksin and his parties, there was lots of dirty dealings and lots of dirt . In the case of FF, there is nothing but political agenda.

 

This along with bad economy may just not go away as easily as big heads expected or hoped.

 

Fact that foreign ministry asking foreign heads to respect Thai law when its clear law was abused , may not go down well.

 

i kind of hope one of the brainiacs like Anutin to open his mouth and it may back fire badly . 

46 minutes ago, webfact said:

Thirty-six law professors, at the Faculty of Law of Thammasat University

Now that should be taken notice of if 36 Professors of Law say it was bogus. 

Criticizing a Thai court is illegal and can be punished by jail.

These guys might get a proper education session on how to behave.

Edited February 24, 20206 yr by jackdd

5 minutes ago, jackdd said:

Criticizing a Thai court is illegal and can be punished by jail.

These guys might get a proper education session on how to behave.

And as Wikipedia says, Thammasat is an administrative agency of the Thai government. Not so sure it is illegal if they are part of the Governments educational arm..

Hmmm can borrow money but can't be a loan? Makes perfect sense (not)

As many of us here long time have found out, words "loan", "borrow" and "gift" are synonymous

46 minutes ago, jackdd said:

Criticizing a Thai court is illegal and can be punished by jail.

These guys might get a proper education session on how to behave.

Yes, we should send the thought police in to arrest them pronto. 

1 hour ago, rkidlad said:

Banning a political party for a loan is ridiculous. There is no law and order in Thailand. Just excuses. 

Absolutely. Add in the fact that the Junta's well publicised dinner party last year raised over 600M in donations which was deemed as totally fine. 

Beginning of the end. Serves them right. Watch for the pressure on the professors from the Government and above.

 

The gloves are coming off...

 

 

3 minutes ago, Emdog said:

Hmmm can borrow money but can't be a loan? Makes perfect sense (not)

As many of us here long time have found out, words "loan", "borrow" and "gift" are synonymous

The news article just doesn't make much sense, so we would have to check other sources to know what they really meant.

 

Quote

The court also ruled that charging low interest on the loan is an unusual trade practice and, hence, the loan amounts to a donation in the form of “other benefits”.

Here they say that because of the low interest rate, the court doesn't consider the money to be a loan.

Quote

Therefore, the party violated Section 66 of the organic law on political parties for taking loan in excess of the limit of ten million baht.

In this sentence they say it violated Section 66 because they took out a loan of more than 10 million baht. In the previous sentence they just said they don't consider this as being a loan.

23 minutes ago, jackdd said:

The news article just doesn't make much sense, so we would have to check other sources to know what they really meant.

 

Here they say that because of the low interest rate, the court doesn't consider the money to be a loan.

In this sentence they say it violated Section 66 because they took out a loan of more than 10 million baht. In the previous sentence they just said they don't consider this as being a loan.

They have tried to justify their ruling and failed - simple

Professors actually love the law and believe in its power to aid society.  cha cha and company use it for grabbing power and crushing descent.  Two very different uses of the law.  

3 hours ago, rkidlad said:

Banning a political party for a loan is ridiculous. There is no law and order in Thailand. Just excuses. 

and brown envelopes.

5 hours ago, rkidlad said:

Banning a political party for a loan is ridiculous. There is no law and order in Thailand. Just excuses. 

They make rules for everybody this one they knew about ,But like being Thai and being Hi So and  have THB billions they think they can do Anything. Guess what They are Wrong and have to obey the law like Normal people. 

5 minutes ago, digger70 said:

They make rules for everybody this one they knew about ,But like being Thai and being Hi So and  have THB billions they think they can do Anything. Guess what They are Wrong and have to obey the law like Normal people. 

When this many law professionals say it's a load of old b*****, you know it is. Well, we already knew it before. 

 

The rules don't apply to the coalition. There is no law and order in this country. Just excuses. Hell, the PM still hasn't sworn the oath yet.  

This Thai bloke has just stated a channel in English and talks about this as well as the Pryuth family alleged involvement in a mysterious 600 million baht land sale many years ago

 

 

Edited February 24, 20206 yr by Orton Rd

4 hours ago, smedly said:

They have tried to justify their ruling and failed - simple

Not that it matters, my gun is bigger than your gun..... 

33 minutes ago, Orton Rd said:

This Thai bloke has just stated a channel in English and talks about this as well as the Pryuth family alleged involvement in a mysterious 600 million baht land sale many years ago

 

 

Good listening. He made lots good points. 

On 2/24/2020 at 3:37 PM, spiekerjozef said:

and brown envelopes.

There it is, brown envelopes. And you win the prize for least imaginitive post on thaivisa today.

 

Not only is is a tired thaivisa cliche, it doesnt even come close to the heart of the issue here.