Senators' role in choosing PM 'cannot be revoked as NCPO order still in effect': CDC

By THE NATION

 

 

The Constitution Drafting Commission (CDC) said that it had finished studying the draft of Constitution amendment proposals and submitted the report to House Speaker Chuan Leekpai, just before the Parliament’s ordinary session meeting in November.

 

The commission, which is chaired by government chief whip and Palang Pracharat MP Wirat Rattanaset, has been working for one month to study six agendas submitted by MPs of both government coalition and the opposition.

 

One of the major topics that the CDC studied was the amendment of Section 256 and the establishment of a constituent assembly to draft a whole new Constitution, as proposed by Chiang Mai MP and Pheu Thai leader Sompong Amornwiwat. The CDC said the proposal could be either constitutional or unconstitutional, explaining that in the latter scenario the Constitution is a public law and cannot be re-drafted from the ground up, while the 2017 Constitution mentions nothing about drafting a new constitution, but only suggests amending the existing one on a section-by-section basis.

 

Another topic being studied is the organising of a referendum. The CDC said that the referendum should be organised after the third reading of the amended Constitution is complete or before Parliament approves the draft. “While there are still no laws on the holding of a referendum, it can be organised under Section 166 of the Constitution which allows the National Legislative Assembly to ask the people whether they want to draft a whole new Constitution or not,” it said.

 

Regarding the issue of the constituent assembly being denied a mandate to amend the Constitution in the sections relating to the King’s power, the CDC has varied opinions but most of them were against curbing the constituent assembly’s power.

 

The CDC also said that it disagreed with the proposal to revoke sections 270 and 271, which stipulate the power of senators in monitoring the country’s reform, and Section 272, which gives senators a say in choosing the candidate for prime minister. “The cancellation of these sections, especially 272, could be problematic in practice because the order of National Council for Peace and Order is still in effect,” said the CDC.

 

Source: https://www.nationthailand.com/news/30397038

 

-- © Copyright The Nation Thailand 2020-10-30

 

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15 minutes ago, webfact said:

because the order of National Council for Peace and Order is still in effect,” said the CDC.

 

Joke of the day!

 

So, how long are these junta orders of the NCPO intended to be effective? Till the next coup? And these clowns claim to have introduced a democracy in 2019! What a banana republic!

 

They'll do anything they can do to delay this. Youth, however, is on the side of the protest movement, as is, if polling is reliable (not NIDA - that never is) public sentiment. 

Remember when the so-called PM promised peace and reconciliation?  

44 minutes ago, webfact said:

The CDC also said that it disagreed with the proposal to revoke sections 270 and 271, which stipulate the power of senators in monitoring the country’s reform, and Section 272, which gives senators a say in choosing the candidate for prime minister.

 

Well the clown in charge said he was in agreement, so rewrite the whole thing, if it cannot be amended.

Prayut okays charter change, ending Senate’s power to vote for PM

42 minutes ago, Flying Saucage said:

 

Joke of the day!

 

So, how long are these junta orders of the NCPO intended to be effective? Till the next coup? And these clowns claim to have introduced a democracy in 2019! What a banana republic!

 

They gave themselves what looks like power for 20 years as part of their roadmap.  That is the way it was explained to me and how many Thai people I know believe it to be.   It was explained to me the same way about a year ago after the sham election by my now ex-father in-law, who was a judge before retiring and, is now a Phu Yai.  Seems the NCPO set themselves up to really never go away.  They learned from the CCP is seems and from the mistakes of the Khmer Rouge. 

 

https://www.hrw.org/news/2019/03/19/thailand-structural-flaws-subvert-election

Well, that's that, then. Next!

2 hours ago, webfact said:

“The cancellation of these sections, especially 272, could be problematic in practice because the order of National Council for Peace and Order is still in effect,”

 

That's all we need to know. Tells us exactly who factually remains in government - never mind the "democratically elected" parliament. Otherwise, why would an "order" issued by a military body that had seized power illegally still carry any weight?  

 

 

17 hours ago, Flying Saucage said:

 

Joke of the day!

 

So, how long are these junta orders of the NCPO intended to be effective? Till the next coup? And these clowns claim to have introduced a democracy in 2019! What a banana republic!

 

20 years

They were never going anywhere after their failure to stop the populist movement with the coup in 2006 and judicial coup in 2008. This coup and subsequent regime had to nip any ideas of changing the status quo in the bud, hence the collusion with Suthep, getting gangsters into the prime deputy ministerial positions, changing the constitution and how the senate are selected.

 

Anyone who didn't see this coming in 2013/14 and cheerled them into power is a complete dupe. It was so obvious but people were too obsessed with Thaksin to see it.

So the newly 'elected' (????) government could be unconstitutional because the NCPO is.......I think I need a stronger cup of tea!????????

So they are going to follow the faulty constitution in writing a new one that was written by an illegal entity ???? according to the constitution that was disregarded in the first place?

First - CDC has no judicial authority. So its comments are mere opinion.

Second, (as I recall) in circa 2019 the Constitutional Charter ruled in response that the new Charter the authority of NCPO Orders did not terminate even though the new Charter did terminate the authority of the NCPO per se, ie., the NCPO Orders remain in place as laws.

Those laws require legislative action to be amended or terminated. Such would be the authority of the newly elected House MP's. Of course with a quasi-military junta now in place as the "newly elected" government with a pro-junta majority in the House, no opposition to NCPO Orders can succeed to overturn them.

21 hours ago, webfact said:

Senators' role in choosing PM 'cannot be revoked as NCPO order still in effect': CDC

Change what change... we said we'd listen.

So we need another coup, because only a coup maker can legally rescind orders of the defunct NCPO? Oh the irony.

Plus ca change, plus ca meme chose. I'm not even sure this is really French, but it sounds good and has the impact needed.

 

So it's all about legitimacy. The NCPO was a consequence of an illegal coup. This makes it illegitimate. Therefore orders issued by it are illegitimate. 

If the government of today does not recognise this, they are deluded. Just another excuse not to do anything.

 

Right.

 

So what's to be done then, by TV pundits I mean?

So the powers that be try to keep the current... uhm..questionable government and questionable laws... the whole 'let's talk about the constitution' that P is parroting now is not believable at all. Reset to 1997 laws please. Then start amending, proper elections.  Nice bonus would be to jail the coup makers.. 

 

I have a dream.