Constitution Court Not Your Opponent, Thai Charter-Change Proponents Told

[webfact]

Constitution Court not your opponent, charter-change proponents told

The Nation

BANGKOK: -- The Constitution Court chief on Friday said that the defendants in the case filed against proponents of constitutional amendment should focus on preparing to defend themselves in court rather than attacking the court.

Wasant Soypisut, president of the Constitutional Court , said that no defendants in the case have publicly rejected the allegation that they attempt to overthrow the country's democratic regime under constitutional monarchy in proposing constitutional amendment that would allow writing of a new constitution.

"Instead of fighting with the plaintiffs, these defendants aim their attack at the court," Wasant said. "The court has just accepted the petition for judicial review and no judgement has been made yet. But the defendants imagined that the court was ordered by some 'ammart' [powerful elites] for dissolution of the party [Pheu Thai]," he added.

The justice said the politicians involved should focus on preparing to present their case before court, or they could lose the case in a way that the Thai Rak Thai Party did. He was referring to the predecessor of the ruling Pheu Thai Party in its court fight. Thai Rak Thai was dissolved by court order for electoral fraud.

Wasant was speaking at a seminar held by the court on "the media role in improving the rule of law and legal state under the Constitution", at the Grand Pacific Hotel.

He said that he did not think parliamentarians would be qualified to select judges as long as they still have improper behaviours.

The judge said that Thailand's politics has made not much progress over the past 80 years after the change of political system from absolute monarchy to constitutional monarchy. He blamed frequent coups by the military, who appears intolerant with the poor quality of politicians.

"Our situation is like those of the new democracies in Africa," he said.

At the same seminar, Constitution Court justice Charoon Inthajarn said that many of Thailand's laws were issued for the benefit of people in power, and not for the interest of most people in the country. "Some laws were issued with injustice for the benefit of people who issued them," he said.

The judge also said that the law was enforced unfairly, with enforcement being marred by the patronage system and lobbying. He said that interpretation of laws should be done by experts and experienced professionals.

-- The Nation 2012-06-23

[Moruya]

The interpretation of the laws should be done by qualified lawyers. That's what they studied so long for.

Foul mouthed politicians throwing their toys out of the pram screaming in ignorance do not qualify and should shut their cakeholes

[craigt3365]

Sounds like this guy would make a good PM!!

[ramrod711]

Sounds like this guy would make a good PM!!

Yes, but I can't see too many red votes on his horizon

[chotthee]

in writing of a new constitution, you are overthrow the country's democratic regime

The court is right. hence no re-write must be allowed.

[robertson468]

The interpretation of the laws should be done by qualified lawyers. That's what they studied so long for.

Foul mouthed politicians throwing their toys out of the pram screaming in ignorance do not qualify and should shut their cakeholes

I believe Chalerm "the drugs and mafia" eliminator studied law - not quite sure where though?

[phiphidon]

Sounds like this guy would make a good PM!!

Oh really? It would appear that he should spend a bit more time studying the constitution that he is supposed to be a guardian of

Wasant Soypisut, president of the Constitutional Court , said that no defendants in the case have publicly rejected the allegation that they attempt to overthrow the country's democratic regime under constitutional monarchy in proposing constitutional amendment that would allow writing of a new constitution.

First off Section 291.1 states

1) a motion for amendment must be proposed by the Council of Ministers, members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House of Representatives or members of both Houses of not less than one-fifth of the total number of the existing members thereof or persons having the right to vote of not less than fifty thousand in number under the law on lodging a petition for introducing the law;

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of the State or changing the form of the State shall be prohibited;

http://www.senate.go...itution2007.pdf

Even if the charter amendment bill snuck in a clause to "change the democratic regime" etc. (it hasn't) it would be rejected by the CC as unconstitutional so why would it be necessary for the PTP government to deny this was the case? The only allegations in this case have come from the dems under Article 68.

They didn't seem to deem it a problem when the 2nd Reading went through detailing what the charter amendment bill was about

Yesterday was the 15th day of deliberation in the second reading of the bill in Parliament. After, the House-Senate joint meeting voted for almost all of the draft proposed by a parliamentary ad hoc committee on charter amendment led by Samart Kaewmeechai, a former charter drafter and MP from the ruling Pheu Thai Party.

The only change from the panel's draft was that instead of applying local administration election law, the election of members of the drafting assembly would be based on the law citing requirements for people who seek to be MPs and senators.

The bill - a change to Article 291 of the 2007 Constitution that cites only the process of charter amendment - allows the setting up of a new drafting body to draw up a new version of the supreme law.

http://www.nationmul...d-30181992.html

Methinks the President of the CC seems to be slightly disingenuous with his statements, I mean was this a threat?

"The justice said the politicians involved should focus on preparing to present their case before court, or they could lose the case in a way that the Thai Rak Thai Party did. He was referring to the predecessor of the ruling Pheu Thai Party in its court fight. Thai Rak Thai was dissolved by court order for electoral fraud."

[lungmi]

I read just that Berlustconi wants to come back in Italy. He promised to clear the Euro-crisis, to give power to the economy and bla bla.

Thaksin and Berlustconi, many parallels are evident.

Italian people took time to understand.

[kerryk]

I read just that Berlustconi wants to come back in Italy. He promised to clear the Euro-crisis, to give power to the economy and bla bla.

Thaksin and Berlustconi, many parallels are evident.

Italian people took time to understand.

Oh I get it. Right on topic. Which side are the Charter-Change proponents?