BURNING ISSUE
Legislature, courts caught up in political divide
Avudh Panananda
The Nation

BANGKOK: -- Political anxiety is bound to rise, because the lines that mark the separation of powers are becoming blurred.

At the heart of the political trouble is the polarising figure Thaksin Shinawatra. Contentious issues linked to him are being fought on all fronts - be it the government, the legislature or the judiciary.

The turbulence will persist so long as the opposing sides make up the rules as they go along, instead of abiding by the rule book.

As Thaksin's supporters have control over the executive and legislative branches, it is self-evident that his opponents will count on the judiciary as their trump card.

The government, the legislature and the judiciary are being pitted against one another.

This week and next, the Pheu Thai Party is expected to push through two key items on its legislative agenda - the loan bill and the charter change bill.

While opposition is very strong, the ruling party has already mustered a majority in support of these bills.

The pro-Thaksin camp is bent on flexing its muscles to get its way, but its opponents are equally determined to seek judicial intervention to override the legislature.

It is unfortunate that the rival camps are relying on political tricks instead of trying to find common ground to settle their differences.

As things stand now, Pheu Thai looks set to win the legislative skirmishes in order to amend the charter and borrow Bt2.2 trillion to finance its infrastructure spending plans.

But victory is not at hand because opponents are poised to litigate. The anti- and pro-Thaksin camps are crossing the line between when it is time to litigate, and when to legislate.

Thaksin's opponents want to litigate in order to override legislation they deem inappropriate.

His supporters would retaliate by carry on legislating to negate and gag judicial opinion.

One side sees the Constitution Court as a saviour to rein in abuse of power by "tyranny of the majority". The other side views judicial intervention as unwarranted and harmful to democratic rule.

The debate on the loan bill has been mired in politicisation due to suspicions that Thaksin will exploit the bill as his anchor to cling to power.

If the government has its way and the Bt2.2-trillion borrowing is approved, then just a 1-per-cent, or Bt20-billion, commission for arranging the loan package would mean an unprecedented war chest for the Pheu Thai campaign in the next general election. Thaksin's opponents, particularly opposition senators, will likely challenge the constitutionality of the bill.

The gist of the litigation would focus on whether the government has a mandate to transform what should be budgetary spending into off-budget projects.

Even before the court battle, PM's Office Minister Varathep Ratanakorn has floated the idea of renaming the bill in order to overcome judicial intervention.

In regard to charter change, the Democrats as well as the opposition senators will likely question the constitutionality of a proposed amendment designed to abolish punishment of electoral offenders by party dissolution and to curtail the system of publicly initiated judicial reviews in cases where the offence is punishable by disbandment.

Regardless of the outcome of any litigation, an endgame is nowhere in sight. One side will carry on legislating from the bench, and the other will retaliate with legislation aimed at muting the judiciary.


-- The Nation 2013-03-29

Whilst you have a ruling party riding rough shod over the laws of the land and legislating laws that suit them , not the rule of law, you will never have a settled government or country, where in the world could you legislate a law to exonerate Thaksin for not paying tax on a 1 Billion usd business sale, after being charged under existing laws, that avenue then becomes corruption.

Old Chinese-Thai proverb say, 'Take the elephant out of the room and the sh*t will disappear too'.

Old Chinese-Thai proverb say, 'Take the elephant out of the room and the sh*t will disappear too'.

That is a strange thing to say Thaksin is in Dubai and the sh-t is still here and getting deeper.

What a depressing article.

Interesting how you can call it "tyranny of the majority" is this worse than "tyranny of the minority" - where the hell has the idea of democracy gone.

And "cling to power". If you won a democratic election you don't need to "cling to power". You have been given the power by the electorate.

Boggles the mind. Democracy under the terms of the minority seems to be the idea here.

I may be just a dumb ferang but how in the hell does a convicted criminal get to tell the governing party what to do, let alone run the political party they belong too. Is Thailand that backward that they allow criminals to run the country, why hasnt anyone taken the ptp to court for associating and being in the pay of a convicted criminal on the run, this is just bullsh*t. There is no defence to what is happening but no one has the balls to actually do anything about it, this really says a lot about the way thai people think or should I say dont think. I love it here but I cannot believe the stupidity of the average person when they support this crap and continue to vote for these criminals.

A majority passes a law, and the practical response is to get it revoked by the constitutional court?

I see stormy seas ahead.....