Constitution Court Denies Trespassing On The Legislature

[webfact]

Constitution Court denies trespassing on the legislature

The Nation

BANGKOK: -- The Constitution Court on Wednesday held a press conference to deny an allegation that the judiciary was trespassing on the legislature in connection with the charter change bill.

"The court has excercised every precaution not to interfere with the legislative work," high court president Wasan Soypisudh said.

Wasan said Article 68 of the Constitution empowers the high court to check and rule whether there is an attempt to topple the democratic rule with the King as head of state.

In the past, the high court had never intervened in the affairs of the government and the legislature, such as the issuing of executive decrees, he said.

But for the case in question, five complaints have been lodged alerting the high court to an alleged conspiracy to introduce a new charter with a different political system, he said.

Faced with such complaints, the high court is obliged under Article 68 to look into the matter, he said, insisting that the action taken by the court is mandatory as sanctioned by the Constitution and should not be construed as infringing on the legislative power.

"The alternative is for the high court to lapse in duty in upholding the democratic rule," he said.

He said he would not comment on the House legal panel's legal interpretation that his court had no mandate to suspend the vote on the bill.

At issue was not about the legislative vote or other works but the alleged conspiracy to overthrow the political system as sanctioned by the Constitution, he said.

The high court will proceed to launch the inquiry as planned and no one should try to sway or predict the outcome, he said.

The inquiry will aim at resolving doubts in connection with the charter change but not to block any justified amendments.

-- The Nation 2012-06-06

[animatic]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

Edited June 6, 2012 by animatic

[whybother]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

It's not a reset button. It's just a pause to clarify things. There is no reason to disband the PTP. So far, anyway.

[MEL1]

http://www.scribd.com/doc/96023247/Judicial-Coup-Redux-The-Case-for-Impeaching-Thailand-s-Constitutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

[metisdead]

Posts which were libelous/defamatory as well criticizing the Thai courts have been removed as per these rules:

6) Not to post comments that could be reasonably construed as defamation or libel.Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

15) Not to use ThaiVisa.com to post any material which is knowingly or can be reasonably construed as false, inaccurate, invasive of a person's privacy, or otherwise in violation of any law. You also agree not to post negative comments criticizing the legal proceedings or judgments of any Thai court of law.

[animatic]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

It's not a reset button. It's just a pause to clarify things. There is no reason to disband the PTP. So far, anyway.

Sure it is, just not the master back to square one button.

We would likely have had riots in the streets this week were it not for this reset.

[slapout]

There are several people/groups who need to be put on a leash, liar is proven in many cases as well as more unsavory/illegal habits and moral discriptions. One promiseing note seems to be, the present courts as a whole, may be excluded, from this type of behavior.

[givenall]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

I would equate this to the supreme court in US to keep check and balance, if not that then Military coup.

Besides, the Red think they can do anything like their protest 2 years ago till someone tell them enough is enough

[Babcock]

http://www.scribd.com/doc/96023247/Judicial-Coup-Redux-The-Case-for-Impeaching-Thailand-s-Constitutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

[h90]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

It's not a reset button. It's just a pause to clarify things. There is no reason to disband the PTP. So far, anyway.

but if they would have pushed it against the court we would have a reason for disband.....

[Buchholz]

http://www.scribd.co...itutional-Court

A long read

The author's being Thaksin's lawyer/PR firm, they have lots of time and staff to write their own long, incomparable spin in this public relations piece.

A REPORT PRESENTED BY

AMSTERDAM & PARTNERS LLP

Edited June 6, 2012 by Buchholz

[Mobi]

Robert Amsterdam, the principal partner in Amsterdam & Partners , who wrote this report, is on a highly lucrative retainer from Thaksin.

Thai constitutional Law is notoriously complex, convoluted and difficult to understand and interpret - even in the Thai language, as we have seen by the never ending law suits which claim varying interpretations of the same law. How much more is the law open to misinterpretation and mistranslation when quoted in English?

Quite frankly, Mr Amsterdam and his learned colleagues could twist the meaning of this law in any way that suits their case and you wouldn't be any the wiser

I am not saying that the statements, assumptions and accusations made in this paper are necessarily wrong; but how can we possibly place any credence on something that was produced by a highly compromised organisation, whose paymaster will stop at nothing to get back to Thailand, have his jail sentences rescinded and have his confiscated billions returned?

How much better it would have been if such a paper had been drawn up by a respected international organisation with a reputation for impartiality and free from vested influence? Then we might start to place some belief in what is written.

Desperate games are being played out on both sides of this conflict and the law is simply being used as a convenient tool.

Personally I don't believe that one side is any better than the other. In decades to come, when all is said and done, both sides will have much to answer for and very few will emerge with any credit whatsoever.

In the meantime, the game is still afoot and I for one wouldn't like to bet on a likely winner.

[dru2]

http://www.scribd.co...itutional-Court

A long read

The author's being Thaksin's lawyer/PR firm, they have lots of time and staff to write their own long, incomparable spin in this public relations piece.

A REPORT PRESENTED BY

AMSTERDAM & PARTNERS LLP

Thank you, Buchholz. You certainly do your homework.

[lungmi]

http://www.scribd.co...itutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

I read it, Amsterdam and Co. When you believe this hacklawyer it's really better you go back to Europe.

[Babcock]

http://www.scribd.co...itutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

I read it, Amsterdam and Co. When you believe this hacklawyer it's really better you go back to Europe.

You read it and you just don't believe it.

Fair summation?

[thaicbr]

http://www.scribd.com/doc/96023247/Judicial-Coup-Redux-The-Case-for-Impeaching-Thailand-s-Constitutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

Always remember WHO wrote it. A lawyer in the employ of Thaksin Shinawatra

Sent from my GT-P1010 using Thaivisa Connect App

Edited June 6, 2012 by thaicbr

[Crushdepth]

http://www.scribd.co...itutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

I read it, Amsterdam and Co. When you believe this hacklawyer it's really better you go back to Europe.

You read it and you just don't believe it.

Fair summation?

You are aware that he's a PR shill engaged by Thaksin and is a legal adviser to UDD? He publishes propaganda on behalf of the Great Leader. Small credibilty problem.

[thaicbr]

I read it. I thought as a propaganda piece it was ok:p

But as a serious piece from a (alleged) law firm it was flim flam.

I remember a lot of what they are talking about and they ALWAYS seem to miss putting in totally accurate details. Just the titbits that make it none of their fault and all the fault of others.

Sent from my GT-P1010 using Thaivisa Connect App

[phl]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

[GentlemanJim]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

Well it is definitely a ballsy move by PTP if you look at the constitution court and the chain of command. I think they may have to change the Amnesty date to cover up till Aug 2012!

[phl]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

Well it is definitely a ballsy move by PTP if you look at the constitution court and the chain of command. I think they may have to change the Amnesty date to cover up till Aug 2012!

I think they are either getting desperate(pressured by mr t) or decided to push their luck and see how far they can push.

[nurofiend]

Desperate games are being played out on both sides of this conflict and the law is simply being used as a convenient tool.

QFT

[GentlemanJim]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

Well it is definitely a ballsy move by PTP if you look at the constitution court and the chain of command. I think they may have to change the Amnesty date to cover up till Aug 2012!

I think they are either getting desperate(pressured by mr t) or decided to push their luck and see how far they can push.

What was that case a few years back (5-15?) where a Thai Prime Minister was given the almightiest bolloc*ing by HM and it was shown on all TV channels? The then PM had to prostrate on the floor and had a new asshol_e ripped. I just get this kind of feeling that there is another one coming. I probably have it all wrong as to who got the bolloc*ing but I know there is someone out there that remembers.

[OzMick]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

Well it is definitely a ballsy move by PTP if you look at the constitution court and the chain of command. I think they may have to change the Amnesty date to cover up till Aug 2012!

I think they are either getting desperate(pressured by mr t) or decided to push their luck and see how far they can push.

What was that case a few years back (5-15?) where a Thai Prime Minister was given the almightiest bolloc*ing by HM and it was shown on all TV channels? The then PM had to prostrate on the floor and had a new asshol_e ripped. I just get this kind of feeling that there is another one coming. I probably have it all wrong as to who got the bolloc*ing but I know there is someone out there that remembers.

3 would be quite unusual.

[MikeOboe57]

http://www.scribd.co...itutional-Court

A long read, but a very accurate and educational one with regard to some of the politics and requested 'what is going on legally here?'

Well worth the short time!

-mel.

Thanks for posting that and yes I've read it and what we see here developing is the Thai establishment gearing up for another coup which is scarey.

I doubt many of the regular posters on Thai politics have the stomach to read this. It might make them have pause to reflect.

I am seriously thinking of getting my family out and back to Europe

I read it, Amsterdam and Co. When you believe this hacklawyer it's really better you go back to Europe.

You read it and you just don't believe it.

Fair summation?

Would you believe a snake oil peddler? Apparently yes.

[Skywalker69]

for some crazy reasons i always thought courts and judges were more knowledgeable on the matters of law than government officials.

while i understand PTP unwillingness, i still fail to see how they dare to criticize the judicial system.

i do not think officials are in any position to debate the legality of things with the judges, but being Thailand-everything is possible

PS, I could be wrong, but i do not believe i ever heard any government challenge the legal system. Yes appeal decision, but certainly not challenge it

I think PTP criticize the judicial system because it does not fit the PTP/Thaksin agenda.

[nurofiend]

He said he would not comment on the House legal panel's legal interpretation that his court had no mandate to suspend the vote on the bill

without accusing me of defending anything, or talking about whether i wear red underpants or not.

can i just ask a straightforward question and get a straightfoward answer as to what people think about that quote? why would he not say?

Edited June 6, 2012 by nurofiend

[daboyz1]

http://www.scribd.co...itutional-Court

A long read

The author's being Thaksin's lawyer/PR firm, they have lots of time and staff to write their own long, incomparable spin in this public relations piece.

A REPORT PRESENTED BY

AMSTERDAM & PARTNERS LLP

I missed that at the top. That's 10 minutes of my life I'll never get back.

[hastings]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

I would equate this to the supreme court in US to keep check and balance, if not that then Military coup.

Besides, the Red think they can do anything like their protest 2 years ago till someone tell them enough is enough

Lets be clear, this is nothing like the United States Supreme Court. Nor is it an example of checks and balances on a legisslature. The significant difference is under the United States Constitution, the United States Supreme Court interprets laws only after they are passed by the legislature. Here, by significant contrast, the Court appears to be stating that an elected legislature cannot pass certain laws. In the Untied States we call that "prior restraint" which is unconstitutional. As the court is taking away the ability of the elected legislature to pass laws, it is closer to a judicial coup then jurisprudence. It is certainly not democracy.

[GentlemanJim]

A different Reset Button for politics than the old Army Button.

Is this progress? Most likely, depending on the PTP actions going forward.

It is yet again the same old problem,

a faction thinks they can take over completely,

and in the attempt harms everyone. Till reset is punched.

I would equate this to the supreme court in US to keep check and balance, if not that then Military coup.

Besides, the Red think they can do anything like their protest 2 years ago till someone tell them enough is enough

Lets be clear, this is nothing like the United States Supreme Court. Nor is it an example of checks and balances on a legisslature. The significant difference is under the United States Constitution, the United States Supreme Court interprets laws only after they are passed by the legislature. Here, by significant contrast, the Court appears to be stating that an elected legislature cannot pass certain laws. In the Untied States we call that "prior restraint" which is unconstitutional. As the court is taking away the ability of the elected legislature to pass laws, it is closer to a judicial coup then jurisprudence. It is certainly not democracy.

Well the issue is that here the 'prior restraint' IS constitutional. It (the CC) has the authority to scrutinize laws that may take away constitutional rights or threaten the Monarchy, and even the courts said that their ruling is not legally binding over Parliament. PTP can continue to do as they wish but they realise that it would be wise to not do so if complaints have been made to the constitutional court that the bill could threaten constitution/Monarchy. There is no point trying to compare your version of a Democracy in a Republic with that in a Constitutional Monarchy, they are both different. The CC cannot ditch the bill, they are ruling that because of the nature, there must be time to scrutinize the contents and ramifications, I think its great.

Edited June 7, 2012 by GentlemanJim