Constitutional Laws Should Be Changed

[Jai Dee]

THE BKK SENATOR VIEWED THAT ALL LAWS IN THE CONSTITUTION SHOULD BE REVISED TO INCREASE EFFICIENCY

The Bangkok Senator, Mr. SERI SUWANPANON (เสรี สุวรรณภานนท์), viewed that not only the laws concerning independent organizations should be revised, but all constitutional laws should be included as well.

The Bangkok Senator agreed with the government’s decision to rectify the constitution. He perceived that over the past years, the constitution has caused some inconvenience, and the national politics have become less capable. For instance, the transferred candidates will have to wait for 90 days before they can register in the elections. Moreover, the Senate does not have enough freedom to select independent organizations. Mr. SERI added that people who are responsible for drafting the constitution must not be involved with any parties or politicians, and the constitution must be revised and corrected.

Senate President SUCHON CHALEEKLURE (สุชน ชาลีเครือ) disclosed that if the government wants to amend the laws, they can immediately take action because the Thai RAK Thai Party already has the majority of the votes.

Source: Thai National News Bureau Public Relations Department - 23 November 2005

[Greer]

I can only say...please take great care.

Don't open the floodgates to uncontrolled constitutional "reform"...

[Jai Dee]

GOVERNMENT WHIP SAID THAT ONLY PARTICULAR PART OF CONSTITUTION SHOULD BE REVISED

The Chief Government Whip, Mr. PONGTHEP THEPKANJANA (พงศ์เทพ เทพกาญจนา), said that the rectification of the present constitution can be easily done rather than drafting a new one. He reasoned that the new constitution will have to be tried out before it can be actually applied, and problems can arise in the future should the new constitution is drafted.

As for the Opposition’s suggestion to allow the general public to participate in the revision of the constitution, Mr. PONGTHEP said he agrees with such proposal since the constitution is made for the people.

Source: Thai National News Bureau Public Relations Department - 24 November 2005

[Jai Dee]

HOUSE SPEAKER BHOKIN AFFIRMED THAT THAI CONSTITUTION IS THE BEST CONSTITUTION IN ASIA

House Speaker BHOKIN BALAKULA (โภคิน พลกุล) has expressed that the current constitution of Thailand is one of the best constitutional systems in Asia. He also viewed that the constitution does not bring about the present problems, but they are caused by the authorities.

According to many departments’ proposals to revise and rectify the constitution, Mr. BHOKIN deemed that the constitution can be revised, but it might not be an easy task to accomplish. He said that the rectification of the constitution can cause further problems in the future. However, the proposal must be approved by the parliament before the constitution could be amended.

The House Speaker also referred to the case of withdrawing the designation of the committees of the National Broadcasting Commission (NBC). He stated that the refusal to accept the Constitutional Court's verdict is a sign of disrespect.

Source: Thai National News Bureau Public Relations Department - 24 November 2005

[Jai Dee]

THE PUBLIC HEARING SHOULD BE HELD BEFORE AMENDING THE CONSTITUTION

Many senators have expressed their consent to amend the constitution, particularly concerning certain issues agreed to amend laws in the constitution. However, they considered that a public hearing should be organized prior to the actual rectification.

Bangkok Senator SERI SUWANPANON (เสรี สุวรรณภานนท์) deemed that the entire constitution should be revised. He said the present constitution has been used for eight years, and problems have emerged continually. Meanwhile, Chief Government Whip PONGTHEP THEPKANJANA (พงศ์เทพ เทพกาญจนา) viewed that state officials should only amend the laws that instigated problems, and one of them concerns with the selection of the Election Commission members. He also commented that the constitution reform will be effective whenever the article 211 is corrected. This amendment will allow people who are not politicians or members of parliament to amend the constitution.

NAKHON RATCHASIMA Senator SAWAI PHRAMANEE (ไสว พราหมณี) and MAHA SARAKHAM Senator TONGBAI TONGPAO (ทองใบ ทองเปาด์) agreed that the constitution has to be revised in terms of its strengths and weaknesses. They also agreed that the general public should have an opportunity to participate in the constitutional amendment.

Source: Thai National News Bureau Public Relations Department - 28 November 2005

[Jai Dee]

CONSTITUTION: TRT factions want 90-day rule axed and more freedom

Govt MPs say charter provision restricts their rights, limits party’s development

Several factions in the Thai Rak Thai party have pushed for an amendment to the Constitution to dissolve the provision that requires MPs to be a member of a political party for 90 days before the general election.

Thai Rak Thai party-list MP Pramuan Ruchanaseree, a leading critic of the government and a Wang Nam Yen faction leader, said he believed the rule should be removed because it deprives MPs of their independence.

He said many Thai Rak Thai MPs agreed with the removal of the provision because it restricted their rights. “They dare not rebel against the party resolution for fear of expulsion,’’ he said.

Thai Rak Thai Party MP Sophon Phetsawang (Buri Ram) called on the party to let its MPs hold more open discussions and come up with new resolutions, adding that at present MPs lose all political status if expelled from a party.

Developed countries such as Canada and Malaysia do not limit their MPs in such a way, he said, and allow MPs to disagree with their party or to defect, without fear of being exiled from the next general election.

The main intention of the provision is to prevent MPs’ defecting and transferring their allegiance to another party in return for money.

“But after living with this rule for some time, we now feel that MPs should be given the right to exercise their political conscience. The party should allow debate about this. Although MPs cannot violate the party resolution, the party must listen to the majority voice,” he said.

Surachat Chamansil, Thai Rak Thai MP for Udon Thani, a member of Wang Phya Nak said his faction agrees that the rule should be reviewed because the party should present an open-minded front, which includes letting their MPs leave if they are not happy.

He was confident that Prime Minister Thaksin would agree to the change. “The Prime Minister has always said he will not force us, but follow whatever we want,” he said.

Prateep Kreethawet, Thai Rak Thai MP for Nakhon Ratchasima, threw his weight behind the move to scrap the provision, saying that MPs face an uncertain future in cases of party dissolution or when their party decides not to field them as MP candidates.

Chat Thai Party deputy leader Somsak Prissanananthakul said his party was not interested in pushing for the removal of the provision.

A Democrat Party source said the party would not push for a constitutional amendment, but would wait for further public opinion on the matter as it fears the move could affect the party’s popularity, especially that of its leader Abhisit Vejjajiva.

Source: The Nation - November 29, 2005

[Jai Dee]

BURNING ISSUE: Blame the players – not the rules

The answer to Thaksin’s scorn for the Constitution isn’t to tear it up and start again

Whenever the political temperature soars, politicians and legal pundits try to find a quick fix by debating whether to rewrite the country’s charter.

Since embracing democracy in 1932, Thailand has promulgated a total of 16 charters. The 1997 Constitution is the latest version of the supreme law of the land. It was touted as being the best yet to enshrine the people’s aspirations as well as containing the most rigid checks and balances.

If events in recent weeks are any indication, the most comprehensive supreme law of the Kingdom appears to be on the verge of being discarded into the bin of history.

The number of charters written and torn up will keep piling up so long as relevant parties continue to search for a cure-all for political maladies.

A pause is needed to sort out the problems instead of blaming every twist and turn on the rules of the game when the players are really at fault.

The ongoing tension has evolved around the bickering between Prime Minister Thaksin Shinawatra and his critic Sondhi Limthongkul.

Sondhi has projected himself as a whistle-blower to expose the flaws of Thaksin’s leadership. The powerful prime minister has retaliated by trying to muzzle him.

This has backfired, prompting more fiery attacks and public sympathy for Sondhi.

As the anti-Thaksin crowds at Lumpini Park have grown larger and larger over the past eight weeks, tension has inevitably ensued.

Ideas start to circulate on the flaws and loopholes of the Constitution even though Thaksin is at the heart of the political storm.

Legal expert Amorn Chandarasomboon argues for a complete rewrite of the Constitution in order to advance democracy.

In Amorn’s view, the charter provisions are out of sync with the political reality, and have allowed Thaksin to dispense his patronage to gain control over the so-called independent organisations.

Wang Nam Yen faction leader Snoh Thienthong has joined the debate on the charter rewrite by reiterating that a key provision against party-hopping should be rescinded.

Snoh is an ardent opponent of the party-hopping ban even though he concedes that it has ushered in a stability that has never been seen in Thai political history.

Many are calling for the intervention of the monarchy to form a blue-ribbon panel to draft the new charter.

The debate rumbles on while relevant parties appear to overlook the fact that the supreme law is supposed to lay down ground rules for the governing of the country and not to apply for an individual politician like Thaksin.

Existing mechanisms for checks and balances are already in place to curb runaway power. If Thaksin could gain control over the watchdog agencies, then a simple solution is needed to amend relevant provisions to root out patronage instead of tearing up the charter.

Democrat leader Abhisit Vejjajiva has proposed that partisan representatives should be removed from the selection process for office holders of independent organisations. This is a sensible first step to fight patronage-influenced appointments.

When 99 charter writers spent 233 days working on the draft of the People’s Constitution in 1996, some 843,556 people participated in the drafting process to ensure a successful political reform.

Confronted with a leader like Thaksin who openly displays his disregard for civil liberties and democratic principles, political disillusionment naturally grows. But it might be hasty to throw away the rule book just because one game happens to be a disappointment.

Source: The Nation - November 29, 2005

[tom yum goong]

only a matter of time before Mr T scraps it altogether anyway.

"i pity the fool!"

[johna]

only a matter of time before Mr T scraps it altogether anyway.

"i pity the fool!"

<{POST_SNAPBACK}>

there was nothing wrong with previous constitutions, its the constant subversion of the constitution by vested interest groups and the willingnness of the watchdogs to go along with this for thier own personel gain or maintenance of the status quo that are the problem, further I do not see any rural Thais who are the majority taking any real interest in seeing change, as was pointed out in a recent article in the Nation 50% of companys in Thailand have some form of fraud taking place within them. "So I guess Thais like things the way they are"

Sondi has his own agenda, and in order to acheive that he will wear what ever cloak best suits him, we have seen all these saviours before, with the same dismal results. I will not pretend to have answers to Thailands never ending saga of poor government but it will have to come from Thais themselves and I can not ever see that happening.

tom yang goong says he pits the fool, but first please identify him, its not Taksin, for what ever happens he will smileing all the way to the bank