Constitution Court Urged To Drop Charter Amendment Inquiry

[webfact]

Charter court urged to drop amendment inquiry

The Nation

BANGKOK: -- Three democracy advocates have called for the Constitution Court to abort this week's inquiry into charter change, arguing the high court has transgressed its authority and meddled in legislative affairs, as a result of its misinterpreting the charter.

The three aired their views at a seminar yesterday organised by the Democratisation Studies Institute led by former Thaksin government minister Chaturon Chaisang. The judicial inquiry is scheduled on Thursday and Friday.

Senior judge Satit Pairoh said Article 68 of the Constitution did not empower individuals to directly petition the high court to launch an inquiry, arguing any complaints should be submitted through the Office of the Attorney-General, which had, in turn, ruled against litigation. "It is deemed unlawful to file complaints under Article 68, hence there is no justification to rule on such complaints," he said.

Satit said the allegation about the toppling of democratic rule with the King as head of state was groundless, as draft provisions in the charter change bill had clearly banned any amendments affecting the monarchy and statehood.

Another advocate, Asdang Panikabutr, said the intent of Article 68 was to pre-empt any attempts to stage a coup.

The high court had erred in invoking this provision in order to look into the charter rewrite, which should not be construed as a power seizure, he argued. Asdang said that in his view the trouble stemmed from the prevailing polarisation between an elected government and extra-constitutional power.

So long as the government was plagued by corruption and failed to meet the people's aspirations, it would never defeat the extra-constitutional power, he said.

He said opponents had crossed the line in trying to topple the government regardless of means or the consequences for democratic rule.

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said.

Advocate Panas Thasaneeyanont said charter amendments could result in a new charter and at the same time uphold the political system. Panas said the legislature should not have delayed the final vote on the charter change bill, because the judiciary had no mandate to block the legislative process.

Constitution Court spokesman Somrit Chaiwong said the high court would on Wednesday rule on the list of some 20 witnesses submitted by the disputing parties. The ruling will cap the number of witnesses to testify from the stand at the two-day inquiry. Upon completion of the inquiry, the high court would set a date for handing down its verdict, Somrit said.

He went on the clarify that all witnesses in the case were obliged to submit written statements but oral testimonies were optional.

Democrat Party leader Abhisit Vejjajiva said that as a witness opposing charter change, he will submit a written statement by tomorrow. His statement will outline the links between a charter rewrite and the mass movement orchestrated by former premier Thaksin Shinawatra to introduce a totally new charter and not amendments to existing provisions.

Commenting on the safety threats to judges, he said the government was obliged to uphold the law and rein in the red shirts. "The government should not allow its red allies to run amok," he said.

-- The Nation 2012-07-02

[Moruya]

Look at the players involved here.

Its like Bernard Matthews leading a ban on beef, lamb, pork and chicken!

[animatic]

...The three aired their views at a seminar yesterday organised by the Democratisation Studies Institute led by former Thaksin government minister Chaturon Chaisang...

No bias here, go about your business like you don't notice, we are in charge again.

Quote of the week: Abhisit said;

"The government should not allow its red allies to run amok,"

Edited July 2, 2012 by animatic

[waza]

No amensties, judge them all.

[Yunla]

He said opponents had crossed the line in trying to topple the government regardless of means or the consequences for democratic rule.

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said.

And if he truly believes those words (above) that he said, he should sue his face for slander. I'm guessing he was unable to keep a straight face when he said this stuff. I certainly was.

I wonder if our learned "democracy advocates" (there goes my face un-straightening again) have any views regarding the (to borrow their own phrase from above) "extra-constitutional powers" used by PTP this last month including handing out phone numbers and home addresses of dissenters to an angry mob. After all, that is entirely undemocratic, and entirely against an array of laws. How strange that these democracy advocates should fail to notice or mention it in their selfless crusade of "caring for what will happen to the country". But of course it was not Asdang Panikabutr's home address that was handed out to an angry street mob, and it is not his family that are living under threat because of the PTP's undemocratic state-terrorism. So thats okay.

No mention in this whole blindfold-tying exercise, of the entirely connected anti-democratic crime committed in broad daylight by PTP against other judges, those judges who don't have their democratic principles sent in by post in brown envelopes from Dubai.

Edited July 2, 2012 by Yunla

[asiawatcher]

Someone finally stating facts... Love them to open up and define 'Extra-Constitutional Power' -

Asdang said that in his view the trouble stemmed from the prevailing polarisation between an elected government and extra-constitutional power.

So long as the government was plagued by corruption and failed to meet the people's aspirations, it would never defeat the extra-constitutional power, he said.

He said opponents had crossed the line in trying to topple the government regardless of means or the consequences for democratic rule.

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said.

[Moruya]

Someone finally stating facts... Love them to open up and define 'Extra-Constitutional Power' -

Asdang said that in his view the trouble stemmed from the prevailing polarisation between an elected government and extra-constitutional power.

So long as the government was plagued by corruption and failed to meet the people's aspirations, it would never defeat the extra-constitutional power, he said.

He said opponents had crossed the line in trying to topple the government regardless of means or the consequences for democratic rule.

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said.

I can't think of any body that is involved in this process that exists outside the constitution other than the Red and Yellow shirts

[animatic]

Someone finally stating facts... Love them to open up and define 'Extra-Constitutional Power' -

Asdang said that in his view the trouble stemmed from the prevailing polarisation between an elected government and extra-constitutional power.

So long as the government was plagued by corruption and failed to meet the people's aspirations, it would never defeat the extra-constitutional power, he said.

He said opponents had crossed the line in trying to topple the government regardless of means or the consequences for democratic rule.

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said.

I can't think of any body that is involved in this process that exists outside the constitution other than the Red and Yellow shirts

Well the attempts to change the constitution by definition;

come from outside the constitution.

And certainly the person driving those changes,

and not submitting to legal processes under ANY constitution,

is an extraconstitutional player and a rather thaky one at that.

One thing they ignore is what they are clearly referencing is a power in reality

at the heart of the constitution, and one that has a re-centering role, when things go off course.

Just because one group trying to drive things way off course for their own benefit

calls something centering wrong, doesn't make it wrong. It just means it's in their way.

Edited July 2, 2012 by animatic

[chotthee]

"Satit said the allegation about the toppling of democratic rule with the King as head of state was groundless"

To Satit maybe.

But to me it has lots and lots of grounds.

[webfact]

Court rejects allegations of fixed judgement

BANGKOK, July 2 – The chief spokesperson of Thailand's Constitution Court on Monday rejected allegations that the court's decision on the legality of the charter amendment bill may be predetermined.

The denial of any interference in the case came as the court’s justices prepare to hear witness testimony from both opponents and supporters of the government's constitution amendment attempt. The court is scheduled to discuss whether the charter amendment bill breaches Section 68 of the Constitution.

Court chief spokesperson Pimol Thammapithakpong said today is the last day that the court allows both plaintiffs and defendants to submit their written statements to the court. If witnesses are unable to give testimony by today, the judges will meet Wednesday to consider whether to extend the timeframe or not and proceed with considering existing evidence.

The spokesperson said four persons confirmed they would testify as witnesses for the defense, including former House Speaker Phokin Polakul, House Sec-Gen Pithoon Poomhirun, Interior Minister/Pheu Thai Party leader Yongyuth Vichaidit and Pheu Thai Party secretary-general Jarupong Ruangsuwan.

For the plaintiff, 16 witnesses will testify, most being former members of the Constitution Drafting Assembly and senators, as well as opposition Democrat Party leader Abhisit Vejjajiva, former prime minister.

Mr Pimol added Anand Panyarachun, also a former prime minister and former president of the 1998 Constitution Drafting Assembly, has not yet withdrawn from the plaintiff's witness list.

The court spokesman denied that the ruling had been written in advance as alleged, while the court has not yet set the date for the verdict, and this Thursday and Friday will only be the witness hearing.

Meanwhile, Prime Minister Yingluck Shinawatra said she believes the judges will rule on the case fairly and based on facts concerning the legality of the draft constitution amendment as petitioned by a group of Senators and Democrat MPs.

Ms Yingluck reaffirmed that the government's move to amend the charter is a part of its policy already delivered to Parliament.

The prime minister urged all parties to express their differing views within the legal limits as Thailand not only faces internal problems but international concerns as well, such as European debt crisis, in which she said cooperation of all Thais is needed to move the country forward. (MCOT online news)

-- TNA 2012-07-02

[rubl]

"Opponents are manipulating the political system to wield extra-constitutional power without caring for what will happen to the country," he said

I'm reminded of this:

[Bagwan]

Look at the players involved here.

Its like Bernard Matthews leading a ban on beef, lamb, pork and chicken!

There must be a pertinent statement about turkeys here I'm thinking.

[Yunla]

Look at the players involved here.

Its like Bernard Matthews leading a ban on beef, lamb, pork and chicken!

There must be a pertinent statement about turkeys here I'm thinking.

Plucking and stuffing are usually good to use in times like this.

[Babcock]

Abhisit:

"Democrat Party leader Abhisit Vejjajiva said that as a witness opposing charter change, he will submit a written statement by tomorrow."

Is this not the same Abhisit who opposed the Coup rewrite of the 1997 constitution?

Cake and eat it

[MAJIC]

Look at the players involved here.

Its like Bernard Matthews leading a ban on beef, lamb, pork and chicken!

And the Turkeys will be Voting for Christmas day once a month!