Three Laws Invalidated By The Constitution Court

[Jai Dee]

Three laws invalidated by the Constitution Court

The Constitution Court on Thursday ruled in a unanimous decision to invalidate three coup-sponsored legislations passed by the National Legislative Assembly in 2007.

The three legislations were dropped on the grounds that the NLA did not have a quorum for passing the final readings of the bills.

Under the precedents, the NLA must achieve the quorum at the time of voting for the legislative passage and not just at the beginning of the session.

The invalidated laws comprised the provisions on the conflict of interest, the community forest and the two- and three-digit lottery.

The conflict of interest legislation was seen as a deterrent for aspiring politicians because it sought to penalise convicted office holders as well as their relatives linked to the wrongdoing.

The definition of family connections was so broad as to cover 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.

Source: The Nation - 06 November 2008

[bunnaag]

Nation online did not mention the community forest law only the other two.

[hammered]

Three laws invalidated by the Constitution Court

The Constitution Court on Thursday ruled in a unanimous decision to invalidate three coup-sponsored legislations passed by the National Legislative Assembly in 2007.

The three legislations were dropped on the grounds that the NLA did not have a quorum for passing the final readings of the bills.

Under the precedents, the NLA must achieve the quorum at the time of voting for the legislative passage and not just at the beginning of the session.

The invalidated laws comprised the provisions on the conflict of interest, the community forest and the two- and three-digit lottery.

The conflict of interest legislation was seen as a deterrent for aspiring politicians because it sought to penalise convicted office holders as well as their relatives linked to the wrongdoing.

The definition of family connections was so broad as to cover 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.

Source: The Nation - 06 November 2008

Very interesting precedent. Iirc the current government's government policy statement is in the legal system challenged because of lack of quorum. It also means the members of parliament actually have to be present at a vote to validate it. That seems reasonable.

[chevykanteve]

Three laws invalidated by the Constitution Court

The Constitution Court on Thursday ruled in a unanimous decision to invalidate three coup-sponsored legislations passed by the National Legislative Assembly in 2007.

The three legislations were dropped on the grounds that the NLA did not have a quorum for passing the final readings of the bills.

Under the precedents, the NLA must achieve the quorum at the time of voting for the legislative passage and not just at the beginning of the session.

The invalidated laws comprised the provisions on the conflict of interest, the community forest and the two- and three-digit lottery.

The conflict of interest legislation was seen as a deterrent for aspiring politicians because it sought to penalise convicted office holders as well as their relatives linked to the wrongdoing.

The definition of family connections was so broad as to cover 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.

Source: The Nation - 06 November 2008

I'm curious as to the PAD-VISA response to this issue. Plus, Sri Racha, et al: enlighten us with your comments.

[Plus]

What is there to say?

I'll keep it fo the day when someone comes up with the argument that the courts are biased against Thaksin and subservient to the junta.

[Los78]

Three laws invalidated by the Constitution Court

The Constitution Court on Thursday ruled in a unanimous decision to invalidate three coup-sponsored legislations passed by the National Legislative Assembly in 2007.

The three legislations were dropped on the grounds that the NLA did not have a quorum for passing the final readings of the bills.

Under the precedents, the NLA must achieve the quorum at the time of voting for the legislative passage and not just at the beginning of the session.

The invalidated laws comprised the provisions on the conflict of interest, the community forest and the two- and three-digit lottery.

The conflict of interest legislation was seen as a deterrent for aspiring politicians because it sought to penalise convicted office holders as well as their relatives linked to the wrongdoing.

The definition of family connections was so broad as to cover 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.

Source: The Nation - 06 November 2008

I'm curious as to the PAD-VISA response to this issue. Plus, Sri Racha, et al: enlighten us with your comments.

You wont hear anything from them sadly.... It just shows what danger Thailand would be in if anything from the PAD got accepted as it is obvious they helped push these pethetic laws.

Edited November 6, 2008 by Los78

[Plus]

I fail to see how conflict of interest or community forest laws are "pethetic" and dangerous.

[sriracha john]

I see Mr. TossingOffToPorn is back in the news.....

THAI RAK THAI

Bid to revoke electoral ban

A bill which revokes the coup-makers' announcement banning 111 former Thai Rak Thai executives from politics for five years is being promoted by a member of the now-dissolved party. Thossaporn Sereerak, one of the former TRT executives affected by the ban, said yesterday draft legislation was being prepared to scrap the Council for Democratic Reform's (CDR) Announcement No 27, which strips executives of parties dissolved for electoral fraud of rights to contest elections and to vote for five consecutive years. The order provided the legal basis for the Constitution Tribunal to dissolve TRT in May last year.

Mr Thossaporn said his proposed bill has the backing of several banned TRT executives and People Power party (PPP) MPs.

Continued here:

http://www.bangkokpost.com/071108_News/07Nov2008_news14.php

[Plus]

Why not just Toss-a-porn, SJ?

>>>>

The court agreed that the PM has jurisidction over FIDF, so it IS a government agency for the purpose of the case.

There were several other stories related to it that didn't make it to the court. Like changes in zoning regulations that limited hieght of the buildings on that plot (prior to the sale), or changing transfer fees

- they actually declared Dec 31 working day, the only time in history, to make that happen on time.

It was pretty scandalous at the time, but bringing these "rumors" out to the court would require lots of evidence, tons of witnesses, and probalby separate cases.

The court decided to take a simple, uncomplicated ruling - can the PM buy assets from FIDF. No, he cannot. Case closed.

Legalities aside - it makes perfect sense - by it's nature FIDF holds some very very sweet deals, it's like a free 200baht all you can eat buffet for politicians. And so was TAMC - let the state buy distressed assets and then sell them to TRT for peanuts. A legal way to buy up half the country very cheap.

[Jai Dee]

Court annuls post-coup conflict of interest law

The Constitution Court yesterday unanimously annulled a law with tough provisions against conflicts of interest among politicians, citing procedural reasons.

The court ruled that the post-coup National Legislative Assembly in 2007 had lacked a quorum for the final reading of the bill.

Hopes were high for the legislation as a deterrent for aspiring politicians because it sought to penalise office holders as well as their relatives linked to conflicts of interest.

However, many politicians were unhappy, saying the law would discourage capable and qualified people from entering politics.

The definition of kinship was so broad as to span 84 tiers of family members and in-laws. The law was dubbed a seven-generation punishment, drawing on the analogy of an ancient penalty of beheading a wrongdoer and all members of seven-related families.

According to precedent, the NLA needed a quorum at the precious time of voting on passing a bill and not just at the calling of the session to order.

The Constitution Court yesterday also invalidated the two- and three-digit lottery law passed by the NLA for the same reason, a lack of a quorum.

Meanwhile, former PM's Office minister Thirapat Serirangsan, who was among the proponents of the conflict of interest law, said yesterday that the court's decision to annul the legislation was not unexpected.

He said it was a pity as, for him, the law was greatly beneficial to the country in that it would help improve the standards of the Thai political system and efficiently address the country's corruption problem.

"I insist that the law was not aimed at obstructing people from entering politics as long as those persons have no intention of cheating the country. For honest politicians, this law was nothing to be afraid of," he said.

PM's Office Minister Sukhumpong Ngonkham, who is in charge of the government's legal matters, said the administration would study the annulled legislation to determine whether there was a need to seek its reinstatement.

"We will see if the law is in line with the government's policies, if it benefits the public, and if it contains any clauses that violate the Constitution. As far as I know, there are many clauses that go against the Constitution," he said.

Kudep Saikrachang, spokesman for the ruling People Power Party, yesterday said he believed the law's annulment would encourage more qualified people, particularly those in the economic and financial fields, to enter politics.

Source: The Nation - 07 November 2008

[sriracha john]

Why not just Toss-a-porn, SJ?

Toss-a-porn, it is then....

Ex-TRT execs want post-coup order revoked

A group that includes former Thai Rak Thai Party executives is drafting a bill to revoke Announcement 27 from the Council for Democratic Reform (CDR).

"We're only trying to call for our rights in politics," former Thai Rak Thai executive Tossaporn Serirak said yesterday.

This bill has nothing to do with seeking amnesty for the 111 ex-Thai Rak Thai executives banned from politics, he said.

He said about 20 People Power Party (PPP) MPs supported his group, and he was gathering 10,000 signatures to push the bill through.

If the bill passes, his group could contest the next election.

- The Nation / 2008-11-07

[Jai Dee]

Ex-TRT execs want post-coup order revoked

A group that includes former Thai Rak Thai Party executives is drafting a bill to revoke Announcement 27 from the Council for Democratic Reform (CDR).

"We're only trying to call for our rights in politics," former Thai Rak Thai executive Tossaporn Serirak said yesterday.

This bill has nothing to do with seeking amnesty for the 111 ex-Thai Rak Thai executives banned from politics, he said.

He said about 20 People Power Party (PPP) MPs supported his group, and he was gathering 10,000 signatures to push the bill through.

If the bill passes, his group could contest the next election.

Tossaporn said the military junta issued the CDR announcement to get rid of Thai Rak Thai, so his group was entitled to seek justice by pushing for this legislation so the members could return to politics.

PPP party list MP Sunai Chulapongsathon said he supported Tossaporn, because the 111 ex-Thai Rak Thai executives should be given back their political rights, which are their basic civil rights.

Paiboon Nititawan, a leader of the 40 Senators group, said the moves by PPP MPs to help Thaksin by seeking a pardon for him and to help former Thai Rak Thai executives might violate Article 122 of the Constitution. As MPs, they should not carry out their duties in the face of influence of others and conflicts of interest. Thaksin still faces many court cases, and acting on his behalf could be regarded as interfering in the justice system.

Source: The Nation - 07 November 2008

[grandpops]

Why not just Toss-a-porn, SJ?

Toss-a-porn, it is then....

Ex-TRT execs want post-coup order revoked

A group that includes former Thai Rak Thai Party executives is drafting a bill to revoke Announcement 27 from the Council for Democratic Reform (CDR).

"We're only trying to call for our rights in politics," former Thai Rak Thai executive Tossaporn Serirak said yesterday.

This bill has nothing to do with seeking amnesty for the 111 ex-Thai Rak Thai executives banned from politics, he said.

He said about 20 People Power Party (PPP) MPs supported his group, and he was gathering 10,000 signatures to push the bill through.

If the bill passes, his group could contest the next election.

- The Nation / 2008-11-07

Whether or not it passes, PAD could contest the next election! Any news on that front?

Please feel free to quote the Nation, or ASTV if as you feel fit. Or failing that, you could offer your opinion on whether they should. Mine BTW is that they should and if they win it, all abide by the decision.

Edited November 8, 2008 by grandpops