Thai Constitution: Govt To Push For Article By Article Change

[webfact]

CONSTITUTION
Govt to push for article by article change
Somroutai Sapsomboon,
Prapasri Osathanon,
Praphan Jindalertudomdee

The Nation

Pheu Thai seen acting on advice from Thaksin

BANGKOK: -- The government has opted to push for constitutional amendment by individual articles after its efforts to have the post-coup charter replaced by a new one ran into strong opposition.

On the surface, it may appear the ruling Pheu Thai Party has turned away from its goal of having a new constitution written. But looking at the clauses to be targeted in the changes, it is clear the old charter should remain intact.



Critics and opposition politicians say the ultimate goal for Pheu Thai is to remove Article 309 from the 2007 Constitution. This clause recognises the coup-makers' Interim Constitution of 2006, and acts performed prior to or subsequent to the current charter's promulgation, including their orders against former premier Thaksin Shinawatra and the resultant legal actions against him. Thaksin, who is believed to be pulling the strings of the ruling party, recently told a meeting of Pheu Thai MPs in a call via Skype that they should seek to amend the charter article by article.

He said having a new charter written could lead to more legal cases against the government and could result in its downfall. "There will be no problems changing by article. You can do that one by one. If you don't do it this way, you won't be able to amend the Constitution," said Thaksin, who once described constitutional amendment as an important mission for this government and Parliament.

This was an about-turn for Thaksin, who late last year told a large gathering of his red-shirt supporters in Khao Yai it would be "really easy" to get majority support in a referendum on constitutional amendment.

A referendum was advised by the Constitution Court last year, when groups of people filed petitions against the coalition MPs who proposed bills seeking to amend Article 291 in order to allow formation of a constitution drafting assembly. The court rejected the accusation that those politicians sought to overthrow the country's political system, saying there was "insufficient evidence yet". But the judges suggested that, as the post-coup charter was supported by a majority of the people in a vote, to replace it with a new one should require majority support from the eligible voters.

Amendments by article will not result in Article 309 being removed. But that can be done later when the politicians in power succeed in altering different clauses to clear the existing legal obstacles.

One of the clauses to be targeted is Article 68, which allows people to petition the Constitution Court directly about any individual or party suspected of attempting to overthrow the democratic government.

The amendment proposes that such a petition to filed first with public prosecutors, so they could decided whether to forward it to the court.

Opposition leader Abhisit Vejjajiva of the Democrat Party said this change would deprive citizens of the right to petition the court directly. He said the ruling parties would push for passage of amendments to Article 291 in the final parliamentary reading, without having to worry about possible legal action.

Other clauses set to be amended relate to the election of senators, to allow them to serve for two consecutive terms. Chief opposition whip Jurin Laksanavisit said this could be a "give-and-take" move to woo support from senators.

The clauses that allow for dissolution of a political party on a court order are also expected to be amended.


-- The Nation 2013-03-25

[ZhouZhou]

all legal, smart move.

[bigbamboo]

Why is PT so keen to eliminate parliament from clause 190? This is crucial to control possible irreversible corruption on a massive scale by the inner circle of government.

Oh, wait a minute.............

[reiltin]

Thai Constitution: Govt To Push For Article By Article Change

If you take a brick from a wall and another and an......the wall WILL collapse,nothing then to stop the tyrants march.

The bullet don't care if the guns legal.

[siampolee]

Again we see plainly before our eyes the true intent of this current maladministration.

The malignant cancerous tumour that is this current maladministration P.T.P. (Parasites and Ticks Party) is slowly spreading its poison through the body of Thailand and its peoples with one aim only, that of whitewashing a convicted bail jumping convicted felon and of course sating his its lust for total power and absolute control over the states coffers and satisfying his insatiable lust for revenge at any price.

This malignant tumour has got to be removed from the body of Thailand and its peoples, drastic surgery needs to be performed before it is too late to cure this malignant creeping corrupting infection.

The current moves by the agents of this cancerous infection prove yet again the infection is intent on killing its host.

Sadly the time is coming when either the cancerous infection kills or there will be a swift incision by outside treatment experts to deal with this malignant growth.

One wonders though how effective if the surgeons swoop upon this infection just how effective the aesthetic may be and will the patient suffer pain as the cancerous tumour is removed ?,

[seajae]

(all legal, smart move)

just goes to show whos pulling your strings hey, your posts are just getting more pathetic, really make you out to be a stooge for the reds or someone that doesnt engage their brain before putting their mouth into gear..

[airconsult]

Why is PT so keen to eliminate parliament from clause 190? This is crucial to control possible irreversible corruption on a massive scale by the inner circle of government.

Oh, wait a minute.............

Changing Article 190 is necessary as right now no Government can even negotiate a treaty with another country. (think Cambodia, NASA, etc)

In the past the Government could negotiate, and then ratify in parliament - under the current 2007 clauses, no agreements with other countries have been signed since 2006 - the previous government knew it was a problem, this government knows it as well.

[waza]

The plot thickens

[ZhouZhou]

Why is PT so keen to eliminate parliament from clause 190? This is crucial to control possible irreversible corruption on a massive scale by the inner circle of government.

Oh, wait a minute.............

Changing Article 190 is necessary as right now no Government can even negotiate a treaty with another country. (think Cambodia, NASA, etc)

In the past the Government could negotiate, and then ratify in parliament - under the current 2007 clauses, no agreements with other countries have been signed since 2006 - the previous government knew it was a problem, this government knows it as well.

if true, this can be only a good thing.

[A_Traveller]

On 190 I recall that the previous administration tried to update this at the same time as amending the number of members of the house. I was under the impression that the section was subject to an amendment but that a subsequent bill would be required to establish the stratification of treaties which would be then subject to section 190. It may be that my update was "lost in translation", or the reference to 190 herein is the implementation of the clarifying bill.

As already noted the section 190 under the Council of Ministers section was an expansion of Section 224 [1997] which was [in translation 1 line]. In all fairness to the drafters one can see the idea was to ensure fuller and clearer public debate and even, heaven forfend transparency of financial treaty making. One can see the letters FTA floating over the expanded text. Unfortunately the wording was also open to the more wide-ranging view that any and all treaties, agreements et al required parliamentary approval.

However, both 1997 and 2007 agree that any treaty which impacts sovereignty [territoriality] had to be so approved.

[Dap]

all legal, smart move.

Sans morals or ethics.

Most criminals believe they are making all the "smart" moves.

[Noistar]

The start of the process of removing any obstacle to absolute power

[rubl]

The start of the process of removing any obstacle to absolute power

No, no, no! Everyone just simply knows the junta promoted constitution needs to be replaced by a completely rewritten, shiny new version. Even though a lot of the 2007 version is near identical to the 1997 version, but that's totally besides the point.

Just believe me: "2007 bad, 1997 good"

PS with thanks to George Orwell