Abolishing Independent Agencies Smacks Of A Hidden Agenda: Thai Talk

[webfact]

THAI TALK

Abolishing independent agencies smacks of a hidden agenda

Suthichai Yoon

The Nation

BANGKOK: -- Nobody is quite sure who is behind the move to get rid of independent agencies in the process of rewriting the Constitution. But it's clear that it's high on the agenda of those seeking to remove the "poisonous fruit of the poisonous tree".

Divergent views over what the new constitution should look like are, of course, natural. But the logic of a group of politicians with links to the ruling Pheu Thai Party, about doing away with the current forms of the Constitutional Court and Administration Court, seems somewhat bizarre.

For one thing, the concept of establishing independent agencies to create checks and balances against possible power abuse, especially by the executive group, was incorporated in the 1997 Constitution, not the current one that was put into force after the 2006 coup.

The pro-Thaksin elements have always maintained that the 1997 charter is the country's best ever. There were even earlier attempts to simply replace the current charter with the 1997 version, without having to go through the long, painful and expensive process of forming a constitution drafting assembly through elections, as is being contemplated.

The call for the abolition of the Constitutional and Administration courts has therefore raised doubts over what the real intent of the whole exercise of rewriting the charter is. In fact, some of the proposals raised by the ruling party and its associates have deepened the suspicion that the move is aimed simply at helping fugitive former premier Thaksin Shinawatra to return to Thailand as a free man. That, unfortunately, will inevitably pit the opponents against the advocates, leading to another round of political confrontation that could mean more street violence.

The existence of independent agencies in previous years has proved to be beneficial in many ways. For the first time, the common people could seek judicial help from the Administrative Court when they couldn't hope to get redress from government agencies.

In fact, several landmark verdicts by the Administrative Court have underscored the importance of an independent judicial body that can rule on such vital social issues as environmental hazards and deep-rooted social injustices.

Without the judicial support of an administrative court, the little people would have remained under the mercy of a severe bureaucracy and political establishment that could ignore with impunity the plight of the disadvantaged and underprivileged.

The Constitutional Court has likewise proved to be independent and effective, despite the fact that the judges have come under enormous pressure from politicians with vested interests - and who have tried every possible means to wriggle out of their roles plagued by conflicts of interest.

The role of independent agencies is indispensable if the country is to move along a democratic system that puts emphasis on preventing and suppressing corruption and abuse of power. This is especially important when the charter grants the ruling party, for the sake of political stability, a high degree of authority, so much so that at one point the accusation of "parliamentary dictatorship" was not just a wild, baseless charge.

If absolute power corrupts absolutely, a charter offering the prime minister and the ruling party even more power must also ensure checks and balances in the form of independent bodies that can monitor the way power is exercised by the powers-that-be. If the majority rules, the rights of the minority must be guaranteed.

As Thammasat University's rector Somkid Lertpaitoon, who once headed a constitution drafting panel, recently argued: "If we believe that the Constitutional or Administrative Court should be abolished simply because a certain verdict isn't up to standard, then we will have to do away with the whole system of electing MPs if some people's representatives are found to have misbehaved."

In other words, genuine democracy must be able to withstand the harsh and unrelenting scrutiny of any independent agency trusted by the public.

-- The Nation 2012-03-08

[nurofiend]

The call for the abolition of the Constitutional and Administration courts

this is all based on a statement of one mp isn't it?

is this the official stance of the PTP or just fear mongering built around one politicians remarks?

Edited March 7, 2012 by nurofiend

[whybother]

The call for the abolition of the Constitutional and Administration courts

this is all based on a statement of one mp isn't it?

is this the official stance of the PTP or just fear mongering built around one politicians remarks?

It's from "a group of MPs with links to the PTP", but no one else from the PTP have commented / denied what the party think.

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

[nurofiend]

The call for the abolition of the Constitutional and Administration courts

this is all based on a statement of one mp isn't it?

is this the official stance of the PTP or just fear mongering built around one politicians remarks?

It's from "a group of MPs with links to the PTP", but no one else from the PTP have commented / denied what the party think.

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

oh, but i thought all this hoo-haa was based on a comment made by Watthana in a newspaper?

which he has stated, that he didn't actually say they should be abolished but they should assume their authority rightfully and transparently and they should distance themselves from any stakeholders...

maybe he's backtracking or maybe he was originally intentionally misquoted.. the jury's definitely still out on that one for me.

but overall i'd bet with anyone that PTP are not going to abolish them and this just another case of democrat and yellow media scaremongering.

[Reasonableman]

As the opinion of an impartial observer, that is most reassuring. ;-)

[nurofiend]

of course, it is just my opinion but i bet you i will be right.

in fact do you want to state i'm wrong and we'll have a little forum gentlemans bet?

[Reasonableman]

Let's just observe from the sidelines and see how it pans out. You may be surprised, or I may be...

[nurofiend]

lol cop out!

i won't be surprised... what outcome would surprise you?

and i based that view on realism not bias btw.

[nurofiend]

in fact, i may be putting myself out on a limb here to suggest that we will probably see at some stage a headline along the lines of

"PTP backs down from their earlier plans to abolish the constitutional court and administrative court due to...dem/pad/academics/whoever... pressure"

[jonclark]

in fact, i may be putting myself out on a limb here to suggest that we will probably see at some stage a headline along the lines of

"PTP backs down from their earlier plans to abolish the constitutional court and administrative court due to...dem/pad/academics/whoever... pressure"

I agree - It would be nuts to abolish these courts - but i wouldn't be surprised to see moves to their power curtailed in some way. So they have less influence or the punishments they hand down have less far reaching political consequences. Leave the bark, but remove the teeth so to speak.

[nurofiend]

in fact, i may be putting myself out on a limb here to suggest that we will probably see at some stage a headline along the lines of

"PTP backs down from their earlier plans to abolish the constitutional court and administrative court due to...dem/pad/academics/whoever... pressure"

I agree - It would be nuts to abolish these courts - but i wouldn't be surprised to see moves to their power curtailed in some way. So they have less influence or the punishments they hand down have less far reaching political consequences. Leave the bark, but remove the teeth so to speak.

oh they're definitely going to change them up, probably a lot.

but let's face it, the history of the constitutional court is not exactly without it's blemishes... it's favoured/cheated both sides of the political spectrum.

[givenall]

What the hell? what kind of reporting is this:

"Nobody is quite sure who is behind the move to get rid of independent agencies in the process of rewriting the Constitution"

Stupid’s: How is in charge and follow the money

[animatic]

Abolishing independent offices,

benefits Thaksin and those who might be caught doing wrong while in office,

It does not benefit the people and the fight against corruption.

Very simple.

Edited March 8, 2012 by animatic

[sparebox2]

Abolishing independent offices,

benefits Thaksin and those who might be caught doing wrong while in office,

It does not benefit the people and the fight against corruption.

Very simple.

These independent offices are the new untouchables.

[OzMick]

Didn't Watthana make the statement that they should be abolished, followed a big comment on what a great job he's doing from Thaksin on his phone-in to the the red-shirt concert?

Followed of course by the realisation it was a bit early, back-pedal, I was misquoted, the journalist misunderstood, etc.

[WhizBang]

Abolishing independent agencies smacks of a hidden agenda

Well, DUH!!!

Nobody is quite sure who is behind the move to get rid of independent agencies in the process of rewriting the Constitution.

Really? No one?

[Moruya]

This is all the same tictacs as Thaksin's last ticket.

Undermine the checks and balances, screw the country upside down.

[phiphidon]

It's from "a group of MPs with links to the PTP", but no one else from the PTP have commented / denied what the party think.

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

oh, but i thought all this hoo-haa was based on a comment made by Watthana in a newspaper?

which he has stated, that he didn't actually say they should be abolished but they should assume their authority rightfully and transparently and they should distance themselves from any stakeholders...

maybe he's backtracking or maybe he was originally intentionally misquoted.. the jury's definitely still out on that one for me.

but overall i'd bet with anyone that PTP are not going to abolish them and this just another case of democrat and yellow media scaremongering.

"oh, but i thought all this hoo-haa was based on a comment made by Watthana in a newspaper?"

Indeed it was. The mysterious "group of MPs with links to the PTP" is simply Suthichais exageration and whybothers "quote" is taken from the OP. One man, Watthana, aired his musings on independant courts and Suthichai (well known for his support of the PTP, not) changes this into " the logic of a group of PTP linked politicians".

It's amazing what concepts you can push when you're let loose with an editorial like piece such as Thai Talk (and just happen to be Editor -in - Chief of the Nation Group)

[As an aside I found it amusing that one of his jobs was as a proof reader for the Bangkok Post - seems that he doesn't feel this post is necessary in the Nation Group]

[anterian]

The Romans had the same problem. "Quis custodiet ipsos custodes?"

[surangw]

The Romans had the same problem. "Quis custodiet ipsos custodes?"

Cum est non occulta argumentis