Law Body Calls For New Thai Charter Based On 1974 Model

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CHARTER AMENDMENT

Law body calls for new charter based on 1974 model

THE NATION

NRLC chief says move should be preceded and followed by referendums

BANGKOK: -- The Independent National Rule of Law Commission yesterday called for the framing of a new constitution modelled on the discarded 1974 charter and the holding of two referendums before and after the rewrite.

"Parliament should abandon the third reading of the charter amendment bill in order to organise the referendum on the issue," NRLC chairman Ukrit Mongkolnavin said in a statement.

The first referendum on whether to scrap the current 2007 Constitution should offer the people an alternative, otherwise |they would be left in the dark as to what the replacement would be, |he said.

The 1974 charter was a good choice for an alternative since it was considered as the most democratic and liberal.

Should the public agree to the overhaul of the political system, the new edition would emulate the provisions in the 1974 charter.

The new version should be written by an assembly formed by the Cabinet and then vetted by Parliament.

The drafting panel should include MPs, senators and members appointed from a pool of academics and professionals.

The proposed charter would need to pass the second referendum before going into effect.

The whole process should be completed within 15 months, he added.

Pheu Thai MP Kokaew Pikulthong, a red-shirt leader, said the most likely choice for amending the Constitution was avoiding a vote on the third reading of the charter amendment bill and starting the process anew by focusing on specific articles.

"If we go ahead with the third reading of the amendment bill it means we're ready to face a conflict," he said.

Former prime minister Thaksin Shinawatra, his boss, wants to see reconciliation in the country so he might not choose a way that would lead to more strife, he said.

A key point to amending by article is to water down independent organisations' ability to topple the government easily.

"For example, the power of the National Anti-Corruption Commission and the Constitution Court should be changed," he added.

The government is waiting to see the Constitution Court's full verdict and the individual opinions of the eight judges before deciding on how to proceed with charter amendment.

The spokesman for the court said the written verdict is almost finished.

"It could be sent to the judges' meeting next Wednesday before it is released to the complainants and respondents."

-- The Nation 2012-07-19

[phl]

Great idea, but does the general public know what constitution is? What it's for? And how it would affect people?

Answer is no. So again it's an open market to buy votes

[Moruya]

Great idea, but does the general public know what constitution is? What it's for? And how it would affect people?

Answer is no. So again it's an open market to buy votes

Another day, another constitution.

I thought everyone had agreed that the 1997 one was the most approved and accepted?

The chimpanzee's tea party continues unabated.

Edited July 19, 2012 by Moruya

[SuneeTH]

Write what you want as long as it includes: "Thaksin is above all men and all law".

[phiphidon]

Great idea, but does the general public know what constitution is? What it's for? And how it would affect people?

Answer is no. So again it's an open market to buy votes

Another day, another constitution.

I thought everyone had agreed that the 1997 one was the most approved and accepted?

The chimpanzee's tea party continues unabated.

Well it was until the Junta ripped it up and that's why this discussion is happening. The democrat party seem quite happy with the status quo and by definition support the coup. Despite abhisit saying he would look into changing the constitution if he got into power nothing was done apart from a change to the single seat/multi seat constituency law so as to load the bases in the dems favour for the election and a sop to the PAD over section 190.

He also seems to have changed his tune since 2007 - He was whining about Politicians not being able to take part in writing the constitution but now he doesn't want the PTP anywhere near it. Not that that was what they were going to do anyway, the CDA does the drafting, not politicians.

1. Participation. This means engaging – without bias - all parties in the drafting process, including politicians.

People’s participation in the Constitution drafting process is key to achieving a good Constitution in substance and in obtaining legitimacy for it.

Even though the Constitution Drafting Assembly has consciously tried to involve the public at large, the problem with the current regime – as with all those who come to power through military coups – is that they hold a prejudice against politicians and political parties. During this current drafting process, at least 25 million Thais who are members of a political party have been disqualified from being members of the drafting Assembly and committee. This is made worse by the orders issued by the Council for Democratic Reform (CDR), now known as the CNS, namely Orders No. 15, and No. 27 prohibiting political parties' activities which are still in place, effectively limiting political parties’ ability to play a formal role in critiquing the current draft............................

He then goes on to make demands for the referendum, exactly the same demands he has made on the PTP, except in this case when the Junta ignored him, he carried on as normal and accepted the new constitution - and even today is fighting against anybody wishing to change it!

...................................Most importantly, the referendum can only achieve political legitimacy if the public are fully aware of the choices, particularly if the proposed charter is rejected. According to the interim Constitution, the CNS and the cabinet is empowered to select any previous constitution and make necessary revisions. The CNS and the cabinet must therefore make their stance clear ahead of the referendum.

For example, they may say that they would choose the 1997 Constitution with specific amendments only to clauses pertaining to the independent agencies. A referendum cannot achieve political legitimacy if clear choices are deliberately withheld from the voters. On the other hand, if the public has full access to information on the choices and the process is broadly acceptable, any outcome of the vote will provide legitimacy for the new charter.

http://www.abhisit.o....php?cate_id=34

but when given the choice of "take it or leave it" , he had this to say about the lack of choice in the referendum

The Democrats will prepare a statement of charter pros and cons and distribute it to members. "This won't be a campaign for or against the draft but simply information about the good and the bad [points] of the charter," Abhisit said.

He denied the party was trying to curry favour with the junta. "If we wanted to please the Council for National Security we would reject the draft so it could pick a charter of its own choosing.

"If we reject the draft, it will be like handing out power to the council. We have come up with this stand because we care about the national interest and want democracy to be restored soon," he said.

http://nationmultimedia.com/2007/07/09/politics/politics_30039961.php

Yes, he sure is good at talking.........................

Edited July 19, 2012 by phiphidon

[peterpop]

Write what you want as long as it includes: "Thaksin is above all men and all law".

yOU ARE OBSESSED

[MaiChai]

Before Taksin wanted to be absolved of his crimes was anyone interested in changing the constitution?

Lets shortcut the BS; Taksin will never be able to return. He has upset way too many people. He has also broken the protocol that naughty politicians normally follow when found out: go away quietly (with the ability to come back again later).