Thailand's Constitution Court Accepts Review Of 2 Financial Decrees

[webfact]

Constitution Court Accepts Review of 2 Financial Decrees

BANGKOK: -- The Constitution Court has accepted to review 2 financial decrees as filed by the opposition Democrat Party.

The 2 decrees involve the 350 billion baht loan to finance water management projects and the transfer of the Financial Institutions Development Fund's debt from the Finance Ministry to the Bank of Thailand.

The court has summoned Prime Minister Yingluck Shinawatra, Democrat party-list MP Korn Chatikavanij and Senator Kamnoon Sitthisamarn to give additional information on February 15.

-- Tan Network 2012-02-06

[Moruya]

It's getting hot in here.

I can't see how a non-emergency situation can constitutionally permit the use of an emergency decree to bypass all of the parliamentary procedures that should be followed in the enactment of a new piece of legislation.

This is pure Thaksin - let's find a way to get rid of all the checks and balances so I can do what I want.

[whybother]

Why are they bothering to call Yingluck in?

Posted with Thaivisa App http://apps.thaivisa.com

[sparebox2]

Why are they bothering to call Yingluck in?

Posted with Thaivisa App http://apps.thaivisa.com

Most people apprciate the company of the Lady PM.

Even for an hour.

She is very pleasent, good looking, smart, and above all extremely sexy.

[Reasonableman]

Why are they bothering to call Yingluck in?

Posted with Thaivisa App http://apps.thaivisa.com

Most people apprciate the company of the Lady PM.

Even for an hour.

She is very pleasent, good looking, smart, and above all extremely sexy.

Not really essential attributes for the case in hand, but quite useful female assets in a male-dominated environment...

[Moruya]

Why are they bothering to call Yingluck in?

Posted with Thaivisa App http://apps.thaivisa.com

In some Western civilisations she could be deemed to be a person who is not fit and proper to be in her role if she is unable to demonstrate a grasp of or control of her responsibilities.

[sparebox2]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

[CalgaryII]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

And that is what the UDD/RS call a 'Judicial coup".

It is clear to many with the Opposition taking this Parliamentary challenge to the court, instead of dealing with it in Parliament, is the cover they hope will obscure their actual intent ..... to have a coup by other means.

No-one is fooled by their self-righteous protestations about illegalities.

Certainly sparebox2 isn't.

This oppositional manuevering is exactly why there is all the pressure to revamp the constitution. It was designed by the coup perps to enable them to do it again.

The rationale supporting Constitutional review issued by a Parliamentary Panel, attests to this Opposition Judicial manuever, namely:

.

the present constitution does not support political parties but undermines them.

Under the constitution, procedures to create independent organisations and select their members lack public participation and go against the principle of democracy, the panel said.

Independent organisations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Moreover, the constitution is undemocratic as it resulted from the 2006 military coup.

[Reasonableman]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

And that is what the UDD/RS call a 'Judicial coup".

It is clear to many with the Opposition taking this Parliamentary challenge to the court, instead of dealing with it in Parliament, is the cover they hope will obscure their actual intent ..... to have a coup by other means.

No-one is fooled by their self-righteous protestations about illegalities.

Certainly sparebox2 isn't.

This oppositional manuevering is exactly why there is all the pressure to revamp the constitution. It was designed by the coup perps to enable them to do it again.

The rationale supporting Constitutional review issued by a Parliamentary Panel, attests to this Opposition Judicial manuever, namely:

.

the present constitution does not support political parties but undermines them.

Under the constitution, procedures to create independent organisations and select their members lack public participation and go against the principle of democracy, the panel said.

Independent organisations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Moreover, the constitution is undemocratic as it resulted from the 2006 military coup.

Can't quite make out whether you are in favor of independent judicial review or not. Am I confused, or are you?

[CalgaryII]

Can't quite make out whether you are in favor of independent judicial review or not. Am I confused, or are you?

The Opposition is running to the courts and these constittutional independent organizations at every opportunity.

Their purpose is to undermine the Govt. with the intent exactly how sparebox2 suggested.

They have a number of these little time-bomblets planted already. They hope these organizations rule in their favor. Their actions suggest to me that they like their chances, as in all likelyhood these entities have not yet been cleansed of the coup appointees.

If I was them I would do the same, as going to the People either via elections or Parliamentary actions have not gotten them anywhere.

What they fail to recognize however, is that the Thai Political landscape has changed since their last 2006 coup.

There will be no more freebies. The majority Thai electorate has become thoroughly politicized. Should any of these judicial actions threaten Ms. Y's Govt. as the Opposition hopes, all hell will break loose.

[Moruya]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

And that is what the UDD/RS call a 'Judicial coup".

It is clear to many with the Opposition taking this Parliamentary challenge to the court, instead of dealing with it in Parliament, is the cover they hope will obscure their actual intent ..... to have a coup by other means.

No-one is fooled by their self-righteous protestations about illegalities.

Certainly sparebox2 isn't.

This oppositional manuevering is exactly why there is all the pressure to revamp the constitution. It was designed by the coup perps to enable them to do it again.

The rationale supporting Constitutional review issued by a Parliamentary Panel, attests to this Opposition Judicial manuever, namely:

.

the present constitution does not support political parties but undermines them.

Under the constitution, procedures to create independent organisations and select their members lack public participation and go against the principle of democracy, the panel said.

Independent organisations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Moreover, the constitution is undemocratic as it resulted from the 2006 military coup.

So let me get this right, the PTP government, with their brothers in arms the UDD (the National United Front of Democracy against Dictatorship) who complained about what they saw as a "Judiicial Coup" should now be permitted to ride roughshod over democracy and the constitution and nobody has the right to complain that they are breaking the law?

The very same people who resort to every underhand tactic to stifle debate and democracy in the current session of parliament (from the verb to discuss)?

Pull the other one mate - I don't need bells to tell me when I can smell the putrid odour of hypocrisy.

[CalgaryII]

So let me get this right, the PTP government, with their brothers in arms the UDD (the National United Front of Democracy against Dictatorship) who complained about what they saw as a "Judiicial Coup"

There most assuredly is a political divide in Thailand.

The Opposition can also point to several entities as being "their brethren in arms". One in particular is prominent in this regard.

should now be permitted to ride roughshod over democracy and the constitution and nobody has the right to complain that they are breaking the law?

Because the Opposition claims illegalities, doesn't mean there are illegalities. It is just their chioce in being oppositional....use the courts instead of Parliament.

Voters will take note of that and will judge accordingly at the next election.

The very same people who resort to every underhand tactic to stifle debate and democracy in the current session of parliament

(from the verb to discuss)?

An electoral majority proffers certain advantages. One being the ability to enact legislation over Opposition resistance, if they have a majority of seats.

The PTP does.

The Opposition may not like it, may scream and howl about underhanded tactics, stifling debate, claims of illegalities etc., etc. but that is their lot-in-life.

Losing an election is no fun.

[whybother]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

And that is what the UDD/RS call a 'Judicial coup".

It is clear to many with the Opposition taking this Parliamentary challenge to the court, instead of dealing with it in Parliament, is the cover they hope will obscure their actual intent ..... to have a coup by other means.

No-one is fooled by their self-righteous protestations about illegalities.

Certainly sparebox2 isn't.

This oppositional manuevering is exactly why there is all the pressure to revamp the constitution. It was designed by the coup perps to enable them to do it again.

The rationale supporting Constitutional review issued by a Parliamentary Panel, attests to this Opposition Judicial manuever, namely:

.

the present constitution does not support political parties but undermines them.

Under the constitution, procedures to create independent organisations and select their members lack public participation and go against the principle of democracy, the panel said.

Independent organisations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Moreover, the constitution is undemocratic as it resulted from the 2006 military coup.

HOW will any decision on this cause this government to be kicked out? The only possible thing it would do is point out that the government is doing things illegally. If the people decide at the next election that they don't want a government to do things illegally and they don't get voted back in, do you consider that democratic?

[whybother]

So let me get this right, the PTP government, with their brothers in arms the UDD (the National United Front of Democracy against Dictatorship) who complained about what they saw as a "Judiicial Coup"

There most assuredly is a political divide in Thailand.

The Opposition can also point to several entities as being "their brethren in arms". One in particular is prominent in this regard.

should now be permitted to ride roughshod over democracy and the constitution and nobody has the right to complain that they are breaking the law?

Because the Opposition claims illegalities, doesn't mean there are illegalities. It is just their chioce in being oppositional....use the courts instead of Parliament.

Voters will take note of that and will judge accordingly at the next election.

The very same people who resort to every underhand tactic to stifle debate and democracy in the current session of parliament

(from the verb to discuss)?

An electoral majority proffers certain advantages. One being the ability to enact legislation over Opposition resistance, if they have a majority of seats.

The PTP does.

The Opposition may not like it, may scream and howl about underhanded tactics, stifling debate, claims of illegalities etc., etc. but that is their lot-in-life.

Losing an election is no fun.

Just because the PTP have a majority, doesn't mean they can side step parliament - which is what they are trying to do with an emergency decree.

[Lite Beer]

Constitution Court decides to review two decrees' status

The Nation

BANGKOK:-- The Constitution Court Monday decided to review constitutional status of two executive decrees.

Pimol Thampithakpong, spokesman of the Constitution Court, said the court decided to consider the status of a decree to allow the government to obtain Bt350 billion worth of loans for water resources management and another decree to allow the government to transfer debt of the Financial Institution Development Fund to the Bank of Thailand.

The complaints for the review of the status of the two decrees were filed by a group of senators and the opposition Democrat MPs. The two decrees will be deliberated together as one case.

Pimol said the court required Democrat MP Korn Chatikavanit and Senator Khamnoon Sitthisamarn, who represent the Democrat and senators who filed the complaints, to submit their written opinions to the court within Friday.

Pimol said Korn, Khamnoon and Prime Minister Yingluck Shinawatra or their representatives are required to testify to the court on February 15 at 9 am.

Pimol said the court would need about 30 days to consider the two decrees. If the court rules that the two decrees are unconstitutional, their enforcements will be regarded as having no effect from the beginning. If the court rules that way, the ruling would not retroactively affect the actions the government has already done.

But Pimol said he thought the government would not obtain loans before the court makes a ruling on the two decrees.

He said although the court used to endorse constitutional status of an executive decree of the Democrat government to borrow Bt400 billion, the court will consider the facts of the Bt350 billion-loan decree because the two cases have different facts.

-- The Nation 2012-02-06

[Reasonableman]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

[Moruya]

So let me get this right, the PTP government, with their brothers in arms the UDD (the National United Front of Democracy against Dictatorship) who complained about what they saw as a "Judiicial Coup"

There most assuredly is a political divide in Thailand.

The Opposition can also point to several entities as being "their brethren in arms". One in particular is prominent in this regard.

should now be permitted to ride roughshod over democracy and the constitution and nobody has the right to complain that they are breaking the law?

Because the Opposition claims illegalities, doesn't mean there are illegalities. It is just their chioce in being oppositional....use the courts instead of Parliament.

Voters will take note of that and will judge accordingly at the next election.

The very same people who resort to every underhand tactic to stifle debate and democracy in the current session of parliament

(from the verb to discuss)?

An electoral majority proffers certain advantages. One being the ability to enact legislation over Opposition resistance, if they have a majority of seats.

The PTP does.

The Opposition may not like it, may scream and howl about underhanded tactics, stifling debate, claims of illegalities etc., etc. but that is their lot-in-life.

Losing an election is no fun.

I think in this case winning an election on a campaign of financial/material promises when there clearly aren't the funds or the support to implement them is significantly less fun than losing the election.

When the governemnt then attempts to obtain the funds through emergency decrees rather than constitutional and democratic processes, doubling the county's debts, it's time to face the music.

I can hear the faint jingles of "Can't buy me love"

[Moruya]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

Correct. It's like a guy who buys a footbal club and thinks there are no rules that apply to him.

[sparebox2]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

Correct. It's like a guy who buys a footbal club and thinks there are no rules that apply to him.

"a government majority is the same as a mandate to run the country as a dictatorship"

So to prevent such dictaorship, maybe we should change the election rules.

Who ever win the majority be opposition.

The loosing part be the government and PM

In this way, the PM will have to be careful, because what ever he wants may be over-ruled by opposition (who own most seats).

[Reasonableman]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

Correct. It's like a guy who buys a footbal club and thinks there are no rules that apply to him.

"a government majority is the same as a mandate to run the country as a dictatorship"

So to prevent such dictaorship, maybe we should change the election rules.

Who ever win the majority be opposition.

The loosing part be the government and PM

In this way, the PM will have to be careful, because what ever he wants may be over-ruled by opposition (who own most seats).

A national government is responsible for governing the whole country in the interests of its entire population, not just some parts of the country and parts of the population. It is not the absurd win-all, lose-all game, as you suggest. Thailand is inhabited by the Thai people, all of whom deserve a fair shake, regardless of how they expressed their voting preferences.

[webfact]

Yingluck to have Kittirat defend decrees in Constitution Court

The Nation

BANGKOK: -- Prime Minister Yinguck Shinawatra said Monday that the Cabinet assigned Deputy Prime Minister and Finance Minister Kittirat Na-ranong to defend two executive decrees in the Constitution Court.

The court decided Monday to review the constitutional status of the decrees and summoned Yingluck or a representative to testify on February 15.

Yingluck said she would visit provinces that day so the Cabinet resolved to have Kittirat testify to the court.

-- The Nation 2012-02-06

[webfact]

Court to Examine Financial Decrees

BANGKOK: -- The Constitution Court resolves to review the constitutionality of two financial decrees.

The Constitution Court decided today to accept the complaint against the legality of the two decrees on the transfer of the Financial Institutions Development Fund or FIDF's debt and the government's 350 billion baht borrowing for extensive flood prevention measures.

The complaint was submitted by the House speaker as petitioned by 128 Democrat MPs led by former finance minister Korn Chatikavanij and 69 senators led by Senator Kamnoon Sitthisamarn.

The court's spokesman Pimol Thammapitakpong said the court process should take around 30 days and it has scheduled February 15 for Prime Minister Yingluck Shinawatra, Korn and Kamnoon to present their cases.

However, Yingluck said she will assign Deputy Prime Minister and Finance Minister Kittirat Na Ranong to speak before the judges on her behalf.

The prime minister has maintained the issuance of the financial decree provides the Finance Ministry with the authority to seek loans of up to 350 billion baht to rebuild confidence among foreign investors after last year's severe flooding and to support sustainable water management.

On the decree about the FIDF's debt transfer, she said the law is needed to alleviate the burden on the general public.

-- Tan Network 2012-02-06

[Moruya]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

Correct. It's like a guy who buys a footbal club and thinks there are no rules that apply to him.

"a government majority is the same as a mandate to run the country as a dictatorship"

So to prevent such dictaorship, maybe we should change the election rules.

Who ever win the majority be opposition.

The loosing part be the government and PM

In this way, the PM will have to be careful, because what ever he wants may be over-ruled by opposition (who own most seats).

Meanwhile in the real world, members of parliamanet are supposed to represent their constituencies and if they do not believe that a piece of legislation will benefit them, they are able to vote against the party whips.

[Moruya]

Yingluck to have Kittirat defend decrees in Constitution Court

The Nation

BANGKOK: -- Prime Minister Yinguck Shinawatra said Monday that the Cabinet assigned Deputy Prime Minister and Finance Minister Kittirat Na-ranong to defend two executive decrees in the Constitution Court.

The court decided Monday to review the constitutional status of the decrees and summoned Yingluck or a representative to testify on February 15.

Yingluck said she would visit provinces that day so the Cabinet resolved to have Kittirat testify to the court.

-- The Nation 2012-02-06

It must be a Shinawatra trait to run away instead of facing the music. Guess her helicopter can't fly at lunchtimes.

[whybother]

Why are they bothering to call Yingluck in?

Even Yingluck doesn't want to bother going.

Yingluck to have Kittirat defend decrees in Constitution Court

[rubl]

Yingluck to have Kittirat defend decrees in Constitution Court

The Nation

BANGKOK: -- Prime Minister Yinguck Shinawatra said Monday that the Cabinet assigned Deputy Prime Minister and Finance Minister Kittirat Na-ranong to defend two executive decrees in the Constitution Court.

The court decided Monday to review the constitutional status of the decrees and summoned Yingluck or a representative to testify on February 15.

Yingluck said she would visit provinces that day so the Cabinet resolved to have Kittirat testify to the court.

-- The Nation 2012-02-06

It must be a Shinawatra trait to run away instead of facing the music. Guess her helicopter can't fly at lunchtimes.

That's a bit unfair. With former finance minister Korn Chatikavanij also asked to appear, having Finance Minister Kitirat Na-ranong to represent the government makes sense. PM Yingluck didn't even need an excuse

[gamini]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship, and every opposition move is viewed as a threat to "topple" it. This type of us-versus-them thinking will make sure that Thailand will remain in its current predicament for the foreseeable future.

Correct. It's like a guy who buys a footbal club and thinks there are no rules that apply to him.

"a government majority is the same as a mandate to run the country as a dictatorship"

So to prevent such dictaorship, maybe we should change the election rules.

Who ever win the majority be opposition.

The loosing part be the government and PM

In this way, the PM will have to be careful, because what ever he wants may be over-ruled by opposition (who own most seats).

A national government is responsible for governing the whole country in the interests of its entire population, not just some parts of the country and parts of the population. It is not the absurd win-all, lose-all game, as you suggest. Thailand is inhabited by the Thai people, all of whom deserve a fair shake, regardless of how they expressed their voting preferences.

And just remember this government did not get a single seat in the the southern part of Thailand. Few in Bangkok or the northwest. It power came from a highly financed voting machine in the the Northeast where canvasseres were paid for the number votes the ruling party got and villagers in many cases were instructed who to vote for. Hardly democratic!

[CalgaryII]

CFourt already acted. Soon the PT party will be shut down bacause they will be founf guilty.

Much cleaner than the GOOD coup.

And that is what the UDD/RS call a 'Judicial coup".

It is clear to many with the Opposition taking this Parliamentary challenge to the court, instead of dealing with it in Parliament, is the cover they hope will obscure their actual intent ..... to have a coup by other means.

No-one is fooled by their self-righteous protestations about illegalities.

Certainly sparebox2 isn't.

This oppositional manuevering is exactly why there is all the pressure to revamp the constitution. It was designed by the coup perps to enable them to do it again.

The rationale supporting Constitutional review issued by a Parliamentary Panel, attests to this Opposition Judicial manuever, namely:

.

the present constitution does not support political parties but undermines them.

Under the constitution, procedures to create independent organisations and select their members lack public participation and go against the principle of democracy, the panel said.

Independent organisations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Moreover, the constitution is undemocratic as it resulted from the 2006 military coup.

HOW will any decision on this cause this government to be kicked out? The only possible thing it would do is point out that the government is doing things illegally. If the people decide at the next election that they don't want a government to do things illegally and they don't get voted back in, do you consider that democratic?

Yes!

[CalgaryII]

Just because the PTP have a majority, doesn't mean they can side step parliament - which is what they are trying to do with an emergency decree.

Yes they can, to a degree.

Overdoing it could cost them at the next election.

But that is the beauty of the Thai Parliamentary system, as of other Commonwealth nations....With a parliamentary majority they can overide the Opposition and they would scream is dictatorial, but Cest la Vie, better that the USA Congressional stalemate.

The Opposition can point out their disagreement, and perhaps gain electoral favor...or not.

The electorate expects this Govt. to act.

Right now, Oppositional judicial activism smacks of obstructionism and trying to prevent the electoral choice of doing what they were elected for.

The efforts of the Opposition and their affiliates to prevent and intimidate this Govt. from acting on its' electoral mandate is obvious to one and all.......especially those who elected this Govt.

To persist in this obstructionism is done at their own peril. The only people who cheer them on, are their own minority, electoral constituancies.

Plus, their baggage of using judicial stuff in the past for political purposes hangs heavy in the air.

[CalgaryII]

Apparently, for some, a government majority is the same as a mandate to run the country as a dictatorship,

Many people don't like it that in a parliamentary system, a majority is a big deal, and can be used to act aggresively.

And the electorate will decide at the next election if they approve.

But to follow the Opposition lead in screaming dictatorial armageddon in this instance, is over-the-top.

It is normal for the opposition to magnify everything they attack the Govt. with, but this needs to be put in perspective.

What is dictatorial to some, is considered good by others.....in this case the electoral majority. Many of those are saying, "It is about time this Govt. gets off its ass and does something, without letting the Opposition obstruct and intimidate them"