Effective Court Under Fire From Those Who See It As A Threat: Thai Watchdog

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WATCHDOG

Effective court under fire from those who see it as a threat

Nophakhun Limsamarnphun

The president of Thailand's Supreme Administrative Court has cautioned that there are attempts to disband the court by an unspecified group of people.

BANGKOK: -- Hassawud Withiwiriyakul, the head of the court, which was set up following the promulgation of the 1997 Constitution, told reporters that even though the administrative court system has been in place for many years, there are still efforts to get rid of it.

His statement is a surprise to many, especially at a time when the Pheu Thai-led government has been pushing for amendments to the current 2007 charter. Article 291 of the charter will soon be amended to pave the way for the set-up of a new charter-drafting assembly.

The administrative court system has been serving the public interest quite well. It is designed to serve as a crucial check-and-balance mechanism in the democratic system, as it has judicial powers to review the elected executive branch's major decisions, as well as local administrative issues. For example, the court earlier suspended the privatisation of the Electricity Generating Authority of Thailand (Egat), a previous government's policy that could have jeopardised the public interest as far as electricity tariffs are concerned.

The court also suspended the auction of third-generation (3G) licenses by the then-National Telecom Commission on the grounds that the NTC was not empowered under the constitution to do so.

The latest case in point is the court's ruling for the Bangkok Metropolitcan Administration to issue a demolition order for a high-rise building in Soi Ruam Rudee near Bangkok's central business district. The building, whose construction is nearly complete, is on a road less than 10 metres wide. Yet, the BMA earlier issued its construction permit in violation of the building code. The court was asked by residents of Soi Ruam Rudee to enforce the law.

Hassawud said that some people want to disband the court, but he did not elaborate, and urged the public to closely monitor the development as the Pheu Thai Party is gearing up to re-write the Constitution.

The autonomous administrative court system has been reasonably effective in serving the public interest. However, its autonomous role and powers as enshrined in the Constitution could have affected the interests of some elected politicians who see the court unfavourably.

On the charter amendment effort, Prasong Soonsiri, former chairman of the 2007 charter-drafting assembly, has predicted that the fresh attempt to rewrite the constitution will face big challenges. There is only a slim chance that it will be a success. The ultimate goal of this constitutional amendment effort, as pushed by the red shirts and the Pheu Thai Party, is to help ex-premier Thaksin Shinawatra.

According to Prasong, a former chief of the National Security Council, the process will not be smooth because there will be strong opposition. For Prasong, the charter is not the issue hindering the country or hurting the people. Politicians are the problem, so it will not be easy to amend the charter even though Pheu Thai has the majority of MPs in the House of Representatives.

If the ruling party pushes hard for charter amendment, there could be another round of confrontation between those who oppose the rewrite and those support it.

In his opinion, ex-premier Thaksin should have already returned to Thailand and faced the truth, as the Thai people want to see him express remorse for what he did wrong and then serve his jail term.

-- The Nation 2012-02-11

[CalgaryII]

The ultimate goal of this constitutional amendment effort, as pushed by the red shirts and the Pheu Thai Party, is to help ex-premier Thaksin Shinawatra.

This is not the ultimate goal.

The ultimate goal is to remove all the coup-bomblets built into the constitution by the coup perps. of 2006.

Some of these were directed at one person and one Party...An abuse of Constitutional reform.

Or put another way, using Constitutional reform to serve the narrow interests of an unelected, coup administration.

This is what needs to be corrected and is what the Nitirat proposals are all about.

For Prasong, the charter is not the issue hindering the country or hurting the people. Politicians are the problem

The anti-democracy agenda rearing its' head again.

Demonizing Politicians as a class, as a way of demonizing Electoral Democracy from whence they come.

If the ruling party pushes hard for charter amendment, there could be another round of confrontation between those who oppose the rewrite and those support it.

That issue was settled by the last election.

This PTP has no choice but to proceed with Constitutional Reform. Not to do so, would be political suicide.

There would be wholesale desertion of their political base, if they allow themselves to be cowed by the Opposition in this regard.

In his opinion, ex-premier Thaksin should have already returned to Thailand and faced the truth, as the Thai people want to see him express remorse for what he did wrong and then serve his jail term

.

Thaksin is not my issue or interest.

But in this case, using the descriptor "The Thai People" is misleading.

It confuses the Thai people as a whole, with elements of the Opposition. These elements are only some of the Thai People. A particular political sector only.

Edited February 11, 2012 by CalgaryII

[OzMick]

You obviously failed Democracy 101, if you ever attempted it, as your grasp of its complexities borders on the infantile, stopping at election results and failing to recognise the need for an independant court system.

Please inform me which sections of the 2007 constitution "..... were directed at one person and one Party..."? Would that be the anti-corruption measures by any chance?

BTW Julia Gillard called an election when promoted to PM because it was due in a few months, not to be endorsed as a new PM. Australian parliaments last 3 years - we had elections in 2001, 2004, 2007 and 2010. If you wish to make up an example to support your arguments, please leave Australia out of it.

BTW your denigration of the RTAs efforts during the floods was nothing less than petty. Please recognise that most of the work was done by poorly paid conscripts, the closest thing to slavery in the modern world. I'm sure that the people who received their assistance would not be so morally bankrupt as to sneer at it as only "their paid duties."

[CalgaryII]

You obviously failed Democracy 101,

Will have to check my Poly. Sci. degree.

Dammit, maybe I missed that one, or failed it miserably.

It was one hundred years ago, so it is not fresh in my calcified mind.

BTW Julia Gillard called an election when promoted to PM because it was due in a few months

Her comments were loud and clear, they resonated with me, and I remember them clearly.

I paraphrase "The function of Prime Minister needs to be a position where the incumbent is elected by the people nationally. Not through parliamentary manueverings. Accordingly, she would submit herself to a national election within three months.

The woman was correct, and I agreed with her.

BTW your denigration of the RTAs efforts during the floods

Equating a non-volunteer, paid workforce using national resources........................ with an unpaid volunteer workforce, using personal resources, coming from the heart, and not assigned, does not compute.

Trying to obscure the difference for other purposes doesn't fly with me.

Perhaps the only ones denigration should be assigned to, are those who try to obscure this difference for purposes of their own, which we can only speculate about.

What is particularly galling, is when some try to magnify the non-volunteer efforts while diminishing the volunteer efforts. Again, for purposes of their own.

Edited February 11, 2012 by CalgaryII

[hellodolly]

Of course Thaksin is not of interest to you.

If you would pay attention to him and his maneuverings you would see things in a different light.

How you can disregard a convicted criminal on the run from justice and running the country from Dubai and claim to know any thing about Thailand is beyond me.

Are you sure you got a Poly. Sci. degree. What country Zimbabwe?

[OzMick]

Of course Thaksin is not of interest to you.

If you would pay attention to him and his maneuverings you would see things in a different light.

How you can disregard a convicted criminal on the run from justice and running the country from Dubai and claim to know any thing about Thailand is beyond me.

Are you sure you got a Poly. Sci. degree. What country Zimbabwe?

I hear they can be bought from Kentucky State.

[CalgaryII]

Of course Thaksin is not of interest to you.

If you would pay attention to him and his maneuverings you would see things in a different light.

How you can disregard a convicted criminal on the run from justice and running the country from Dubai and claim to know any thing about Thailand is beyond me.

Are you sure you got a Poly. Sci. degree. What country Zimbabwe?

I hear they can be bought from Kentucky State.

Zimbabwe didn't have any.

I tried there first.

Edited February 11, 2012 by CalgaryII