Constitution Court Insists On Hearing Thai Charter Case

[webfact]

LEGAL BATTLE

Court insists on hearing charter case

The Nation

Prosecutors' decision 'does not prevent the reviewing of petitions'

BANGKOK: -- The Constitution Court yesterday insisted it had the power to rule on a case in which the Cabinet and coalition parties, among others, are accused of trying to overthrow the country's democratic regime by amending the Constitution to allow the drafting of a new one.

In a statement, the court said the decision by the Office of the Attorney-General on Thursday not to forward to the court similar petitions filed earlier with the agency would not affect the court's review of the case.

"Public prosecutors have a different duty from that of the court. Their decision does not affect the court's power in accepting for judicial review the petitions filed by eligible complainants," the court said in its statement.

The court also maintained its stance that when learning about a plot to overthrow the country's democratic regime, Thai people have the constitutional right to petition both the attorney-general and the court - and not solely the former, as had been suggested by some law experts.

"In Article 68 of the Constitution, the part that says 'and submit a motion to the Constitution Court' is meant for the complainant, and not the attorney-general," the court's statement said. It added that the attorney-general had the power to decide whether to forward such petitions to the court.

Article 68 states, "No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as head of the state under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution. In the case where a person or a political party has committed the act, the person knowing of such act shall have the right to request the prosecutor-general to investigate its facts and submit a motion to the Constitution Court for ordering cessation of such acts. In the case where the Constitution Court makes a decision compelling the political party to cease to commit the act, the court may order the dissolution of such political party."

On Thursday night, the Office of the Attorney-General called a press conference to announce that the agency found that the government-sponsored constitutional amendment bills were not aimed at overthrowing the country's political system. However, its spokesman added that the agency's decision would not interfere with the decisions by any other agencies or organisations.

Meanwhile, Chuchai Supawong, who was deputy chairman of the committee that drafted the current charter, said yesterday that the Constitution Court's interpretation of Article 68 was in line with the spirit of the Constitution in guaranteeing ordinary people's right to petition directly to the court when "all other means for the exercise thereof are exhausted", as stated in Article 212.

He said that in Article 68, the subject of the action to "submit a motion to the Constitution Court" is "the person knowing of such act", and not "the prosecutor-general".

In a related development, Verapat Pariyawong, who describes himself as an independent lawyer, yesterday urged Parliament and the Constitution Court to each "take a step backward" in their confrontation over the legal issues, in order to ease the tense situation and avoid a new coup.

He called on Parliament to postpone voting of the final reading of the constitutional amendment bill. He said parliamentarians should promise that they would add another clause to ensure that the writing of a new constitution would not result in reduced power for the Constitution Court or changes in the country's political system or form of government, as had been feared by opponents of the charter-change bill.

Verapat, who holds a master's degree in law from Harvard University, posted on his Facebook page an article headlined "Parliament and Court, Please Take One Step Back Each".

-- The Nation 2012-06-09

[MaiChai]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

[David48]

You guys will have to educate me on this one as I don't follow it to closely ...

As part of a fair and democratic process is it a good idea that the Constitution Court Rules on the Thai Charter Case?

Thanks in advance for those who take the time to reply me in addition to the News Article above.

[Moruya]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

You hit the nail on the head.

There is no law but red law in their eyes.

Master Pangloss taught the metaphysico-theologo-cosmolonigology. He could prove admirably that there is no effect without a cause, and in this best of all possible worlds the baron's castle was the most magnificent of all castles, and my lady the best of all possible baronesses.

"It is demonstrable," said he, "that things cannot be otherwise than they are; for as all things have been created for some end, they must necessarily be created for the best end. Observe, for instance, the nose is formed for spectacles; therefore we wear spectacles. The legs are visibly designed for stockings; accordingly we wear stockings. Stones were made to be hewn and to construct castles; therefore my lord has a magnificent castle; for the greatest baron in the province ought to be the best lodged. Swine were intended to be eaten; therefore we eat pork all year round. And they who assert that everything is right, do not express themselves correctly; they should say that everything is best."

[phiphidon]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

BANGKOK, 1 September 2009 (NNT) – The Senate approves Mr Junlasing Wasantasing as the new Attorney General, replacing the current Attorney General Mr Chaikasem Nitisiri, who is reaching his mandatory retirement age by the end of September.

http://thainews.prd.go.th/en/news.php?id=255209010012

[FOODLOVER]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

BANGKOK, 1 September 2009 (NNT) – The Senate approves Mr Junlasing Wasantasing as the new Attorney General, replacing the current Attorney General Mr Chaikasem Nitisiri, who is reaching his mandatory retirement age by the end of September.

http://thainews.prd....id=255209010012

Is this the same guy that dropped charges against Thaksins wife and returned monies?

[rixalex]

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

[Skywalker69]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

[OzMick]

"......... the writing of a new constitution would not result in reduced power for the Constitution Court......"

Well that will go down like a lead balloon. What did you think the constitution changes were going to be about? Reducing the power of the CC and anti-corruption agencies so the bandits can run amok.

Has ANY Thaksin party ever shown due consideration to electoral law, even in the last election? Why did they do it so blatantly, are they trying to be disbanded to cause unrest?

[GentlemanJim]

While everyone continues to get outraged it is important to remember that all the CC did was to delay the vote in order that the new bill can be scrutinized as outlined in the OP. It is essential, particularly with a majority Government that seems to think 'anything goes', that there is some body that can deliberate on the legality of proposed change to laws to ensure democracy and the Monarchy is not at threat. If this bill had been rail roaded and power handed to Thaksin on a plate, everyone would have been screaming 'why didn't the Constitution Court save us'. To be honest, on a bill of such importance, I am perplexed as to the reason for the rush, unless of course there is undue pressure from Thaksin to get him back.

[lungmi]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

The Constitutional Court in Germany blocked an intent of Mrs Merkel to give her free way to handle the Euro-problems together with only 50 selected MP's (of all parties). No way. Against the Constitution.

The Constitutional Court in Thailand even didn't block the Government and the Parliament. What I understand: It was only a time-out request.

Some posters here (not to mention the carbage collection of Thai politicians and red "freedom fighters") have to come back to the basic systems of democracy, not democrazy.

[phiphidon]

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

If he was appointed in 2009 during the term of the democrat party how would the PTP get the Senate to approve a Thaksin man as alleged? Oh you're saying that now his head has been turned, OK, well I'll leave you there.

[phiphidon]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

BANGKOK, 1 September 2009 (NNT) – The Senate approves Mr Junlasing Wasantasing as the new Attorney General, replacing the current Attorney General Mr Chaikasem Nitisiri, who is reaching his mandatory retirement age by the end of September.

http://thainews.prd....id=255209010012

Is this the same guy that dropped charges against Thaksins wife and returned monies?

Yes and the same guy was the government lawyer who, with others, had the TRT and PPP dissolved..........your point?

[rixalex]

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

If he was appointed in 2009 during the term of the democrat party how would the PTP get the Senate to approve a Thaksin man as alleged? Oh you're saying that now his head has been turned, OK, well I'll leave you there.

You seem to have it in your head that every single appointment under a certain parties' term must be in the back pocket of that party. And that once in the back pocket of a certain party, there they will remain until the end of time.

[lungmi]

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

If he was appointed in 2009 during the term of the democrat party how would the PTP get the Senate to approve a Thaksin man as alleged? Oh you're saying that now his head has been turned, OK, well I'll leave you there.

You seem to have it in your head that every single appointment under a certain parties' term must be in the back pocket of that party. And that once in the back pocket of a certain party, there they will remain until the end of time.

If there is no respect for the Constitution Court (I read the biography of the members, approbated by the King) the highest judicial power will be castrated. At the lower level we (I exlude some posters) all see the "castration" on the way.

[bigbamboo]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

All sounds very reminiscent of the situation before the coup. The only thing missing from the current scenario is the meddling with military promotions. If that starts happening then it could all kick off again.

[allan michaud]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

You hit the nail on the head.

There is no law but red law in their eyes.

Master Pangloss taught the metaphysico-theologo-cosmolonigology. He could prove admirably that there is no effect without a cause, and in this best of all possible worlds the baron's castle was the most magnificent of all castles, and my lady the best of all possible baronesses.

"It is demonstrable," said he, "that things cannot be otherwise than they are; for as all things have been created for some end, they must necessarily be created for the best end. Observe, for instance, the nose is formed for spectacles; therefore we wear spectacles. The legs are visibly designed for stockings; accordingly we wear stockings. Stones were made to be hewn and to construct castles; therefore my lord has a magnificent castle; for the greatest baron in the province ought to be the best lodged. Swine were intended to be eaten; therefore we eat pork all year round. And they who assert that everything is right, do not express themselves correctly; they should say that everything is best."

Why are you repeatedly posting this metaphyisical <deleted>?

[Orac]

Have the CC said when they are going to rule on these complaints they have had. Surely, given the significance of the matter, this should be a priority for them so that the matter can be settled and an adjudication made and the reasoning behind it given.

[GentlemanJim]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

You hit the nail on the head.

There is no law but red law in their eyes.

Master Pangloss taught the metaphysico-theologo-cosmolonigology. He could prove admirably that there is no effect without a cause, and in this best of all possible worlds the baron's castle was the most magnificent of all castles, and my lady the best of all possible baronesses.

"It is demonstrable," said he, "that things cannot be otherwise than they are; for as all things have been created for some end, they must necessarily be created for the best end. Observe, for instance, the nose is formed for spectacles; therefore we wear spectacles. The legs are visibly designed for stockings; accordingly we wear stockings. Stones were made to be hewn and to construct castles; therefore my lord has a magnificent castle; for the greatest baron in the province ought to be the best lodged. Swine were intended to be eaten; therefore we eat pork all year round. And they who assert that everything is right, do not express themselves correctly; they should say that everything is best."

Why are you repeatedly posting this metaphyisical <deleted>?

Well you see what Moruya has done is pull a complete quote off wiki without stating so. To quote a fictional novel in this case is about as useful as a chocolate fire guard and as welcome as a pork chop in a synagogue. It is nonsensical and has no bearing here. Keep reading the book Moruya, I am sure you will find a more appropriate place to apply its lessons......one day.

[GentlemanJim]

Have the CC said when they are going to rule on these complaints they have had. Surely, given the significance of the matter, this should be a priority for them so that the matter can be settled and an adjudication made and the reasoning behind it given.

I am quite sure that this is a matter of utmost urgency for the CC. What perplexes me (and indeed I am sure the CC) is why the bill is such a matter of urgency for PTP considering everything else of a more immediate nature going on in Thailand. After all this type of bill is something that ordinarily you would want to take your time over and get right. Constitutional change is serious stuff.

Edited June 9, 2012 by GentlemanJim

[lungmi]

Allan Michaud: "Why are you repeatedly posting this metaphyisical <deleted>?"

When a discussion is blocked by basic lack of "common sense", a cultivated man/woman goes back to the culture of humans.

The problems of today have an answer (sibylline or not) in the past of human culture.

OzMick can quote Sokrates, animatic Machiavelli and others with cultural background.have their own way.

Edited June 9, 2012 by lungmi

[phiphidon]

Sorry to burst your conspiracy theory but;

The Attorney General, Mr Junlasing Wasantasing was appointed and approved by the Senate in September 2009

Not exactly a Thaksin Man is he?

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

If he was appointed in 2009 during the term of the democrat party how would the PTP get the Senate to approve a Thaksin man as alleged? Oh you're saying that now his head has been turned, OK, well I'll leave you there.

You seem to have it in your head that every single appointment under a certain parties' term must be in the back pocket of that party. And that once in the back pocket of a certain party, there they will remain until the end of time.

Another mind reader. I was replying to a poster who was saying exactly what you accuse me of. Twist away rivalex.

[rixalex]

Another mind reader. I was replying to a poster who was saying exactly what you accuse me of. Twist away rivalex.

Not a mind reader. A reader.

What you were accusing someone else of is between you and him.

I was simply responding to you triumphant claim of proof positive that the AG can not possibly be "a Thaksin man" because of the year he was appointed. It proves nothing whatsoever as to if he has any allegiances right now, or if he is "somebodies man" or not.

[humbug]

what a sham by the const. court. what an absolute disgrace, these judges should hang their heads in shame, oh but wait a minute the excuse is protecting the country from? oh yes the const court accepted spurious claims to attack an elected government voted in by a majority from the masses of the country because the const court judges chosen political party has never won a majority. in any election.

Edited June 10, 2012 by metisdead

[tlansford]

- deleted -

How does the date the senate approved Mr Junlasing Wasantasing prove where his allegiances now lie?

If he was appointed in 2009 during the term of the democrat party how would the PTP get the Senate to approve a Thaksin man as alleged? Oh you're saying that now his head has been turned, OK, well I'll leave you there.

You seem to have it in your head that every single appointment under a certain parties' term must be in the back pocket of that party. And that once in the back pocket of a certain party, there they will remain until the end of time.

Another mind reader. I was replying to a poster who was saying exactly what you accuse me of. Twist away rivalex.

There does not seem to be a lot of English information on the gentleman, however, being vetted and approved by a post-coup, junta appointed Senate would not naturally lead to the speculation that he is a Thaksin supporter.

In the absence of other data, it would seem reasonable to not assume that the AG has sympathies toward Thaksin.

[Moruya]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

You hit the nail on the head.

There is no law but red law in their eyes.

Master Pangloss taught the metaphysico-theologo-cosmolonigology. He could prove admirably that there is no effect without a cause, and in this best of all possible worlds the baron's castle was the most magnificent of all castles, and my lady the best of all possible baronesses.

"It is demonstrable," said he, "that things cannot be otherwise than they are; for as all things have been created for some end, they must necessarily be created for the best end. Observe, for instance, the nose is formed for spectacles; therefore we wear spectacles. The legs are visibly designed for stockings; accordingly we wear stockings. Stones were made to be hewn and to construct castles; therefore my lord has a magnificent castle; for the greatest baron in the province ought to be the best lodged. Swine were intended to be eaten; therefore we eat pork all year round. And they who assert that everything is right, do not express themselves correctly; they should say that everything is best."

Why are you repeatedly posting this metaphyisical <deleted>?

Metaphysical?

<deleted>?

Repeated?

You show me one out of three.

[Moruya]

The Office of the Attorney General is run by one of Taksins men so you would not expect it to agree with the Constitutional Court. It has been clear since PT has come to power that they have replaced the heads of all agencies and positions of power with their own men, thus further removing any opposition and ensuring the can do as they please. This clearly isn't democracy, even though the Red Shirts and PT keep harping on about democracy when they really mean getting what they want with little regard to others. Failure to have any checks and balances inplace means power can be abused, which is what is happening.

You hit the nail on the head.

There is no law but red law in their eyes.

Master Pangloss taught the metaphysico-theologo-cosmolonigology. He could prove admirably that there is no effect without a cause, and in this best of all possible worlds the baron's castle was the most magnificent of all castles, and my lady the best of all possible baronesses.

"It is demonstrable," said he, "that things cannot be otherwise than they are; for as all things have been created for some end, they must necessarily be created for the best end. Observe, for instance, the nose is formed for spectacles; therefore we wear spectacles. The legs are visibly designed for stockings; accordingly we wear stockings. Stones were made to be hewn and to construct castles; therefore my lord has a magnificent castle; for the greatest baron in the province ought to be the best lodged. Swine were intended to be eaten; therefore we eat pork all year round. And they who assert that everything is right, do not express themselves correctly; they should say that everything is best."

Why are you repeatedly posting this metaphyisical <deleted>?

Well you see what Moruya has done is pull a complete quote off wiki without stating so. To quote a fictional novel in this case is about as useful as a chocolate fire guard and as welcome as a pork chop in a synagogue. It is nonsensical and has no bearing here. Keep reading the book Moruya, I am sure you will find a more appropriate place to apply its lessons......one day.

Gentlemen can ride a horse without falling off.

[Moruya]

Have the CC said when they are going to rule on these complaints they have had. Surely, given the significance of the matter, this should be a priority for them so that the matter can be settled and an adjudication made and the reasoning behind it given.

I am quite sure that this is a matter of utmost urgency for the CC. What perplexes me (and indeed I am sure the CC) is why the bill is such a matter of urgency for PTP considering everything else of a more immediate nature going on in Thailand. After all this type of bill is something that ordinarily you would want to take your time over and get right. Constitutional change is serious stuff.

If it perplexes you then is must surely be beyond your ken.

[Moruya]

what a sham by the const. court. what an absolute disgrace, these judges should hang their heads in shame, oh but wait a minute the excuse is protecting the country from? oh yes the const court accepted spurious claims to attack an elected government voted in by a majority from the masses of the country because the const court judges chosen political party has never won a majority. in any election.

Humbug Baa Baa

[gand]

PTP is up against it this time for sure.