Thai Senator Asks Court To Rule On Move To Change Article 68

[webfact]

CHARTER AMENDMENT
Senator asks court to rule on move to change Article 68
Chanikarn Phumhirun
The Nation

BANGKOK: -- A senator asked the Constitution Court yesterday to prohibit any change to Article 68 of the charter and suspend the deliberation in Parliament pending a ruling on the move.

The court has scheduled today to discuss whether to accept the case, court secretary-general Chaovana Traimas said.

Somchai Sawaengkarn, a member of the so-called Group of 40 Senators, said he invoked Article 68 itself to seek a ruling from the top court on the bill to amend the article.

The government-backed bill seeks to amend Article 68 so that people are required to submit petitions only via the Office of the Attorney General if they want to file complaints to the Constitution Court against moves they regard as seeking to overthrow the constitutional monarchy.

In his petition to the court, Somchai alleged that Parliament President Somsak Kiartsuranond collaborated with 311 coalition MPs and senators to violate the charter and abused his authority by allowing debate on the bill to amend Article 68 to proceed.

Somchai said in his petition the amendment would restrict people's right to participate in upholding the democratic system.

He said the amendment would also go against the Constitution Court's earlier ruling that people could invoke Article 68 to seek a ruling from the court directly.

The petition asked the court to order Somsak and coalition MPs and senators to stop the debate on the Article 68 bill.

The senator also asked the court to order the dissolution of the Pheu Thai, Chart Thai Pattana, Chart Pattana, Palang Chon, Mahachon and New Democracy parties for jointly sponsoring the Article 68-amendment bill,

He said he would like the court to issue an injunction to suspend deliberation pending a ruling on the matter.


-- The Nation 2013-04-03

[ZhouZhou]

The senator also asked the court to order the dissolution of the Pheu Thai, Chart Thai Pattana, Chart Pattana, Palang Chon, Mahachon and New Democracy parties for jointly sponsoring the Article 68-amendment bill,

good luck with that one.

[tragickingdom]

It is time that elected officials ask for a court ruling that prohibits unelected freeloaders like him from leaving his house without a GPS attached to his ankle. The only reason why these appointed criminals try to frustrate a democratic process is because they are told to do so by the army and royalists.

[drdoom6996]

The senator also asked the court to order the dissolution of the Pheu Thai, Chart Thai Pattana, Chart Pattana, Palang Chon, Mahachon and New Democracy parties for jointly sponsoring the Article 68-amendment bill,

good luck with that one.

The very best of luck from me on that one. But my wishes never come true.

[webfact]

CHARTER AMENDMENT
PM looks to court to find way out of constitutional impasse
The Nation

BANGKOK: -- Prime Minister Yingluck Shinawatra has urged the Constitution Court to provide a way out of the constitutional impasse, saying the country cannot move forward if the highest law is not amended to ensure justice, democratic principle and bring about international confidence in the country's legal system.

She was responding to the group of 40 Senators' move to seek a Constitution Court ruling to suspend the amendment of Article 68 and Article 237 of the Constitution.

She said lawmakers had tried to amend the charter by establishing a charter drafting committee but the plan had hit an impasse. Thus they were now opting to amend the charter Article by Article, hoping it will offer a way out of the legal impasse.

With lawmakers exercising their rights to prevent charter amendment, the PM called on Parliament to discuss the issues and find a solution. She also pleaded against the move to block amendments, reasoning that the country cannot move forward.

"Thailand is preparing to enter Asean economic community. Many countries have revamped their laws to ensure that they meet democratic principles and the rule of law and this has helped create confidence in their countries. I believe every sector will help find a way out of the country's legal impasse,'' Yingluck said.

Asked about criticism that the ultimate aim is to amend the whole charter, the PM said the country's legal system is equipped with a mechanism that allows objections. "Law makers have the rights to object or oppose certain moves. We can discuss details in committees as we live in a society that understands compromise,'' she said.

Yingluck insisted that charter amendment is to serve the country not a particular group.


-- The Nation 2013-04-03

[Lite Beer]

Coalition to defy court order on bill deliberation: chief govt whip

BANGKOK: -- The chief government whip Wednesday insisted that the coalition and senators would press ahead with the deliberation of a bill seeks to amend Article 68 even if the Constitution issues an injunction to suspend the deliberation.

Chief government whip Amnuay Klungpha was referring to a petition filed by Senator Somchai Sawaengkarn with the Constitution Court against amendment to Article 68. Somchai asked the court to issue an injunction against the deliberation of the amendment bill, whose first reading began on Monday.

Amnuay insisted that parliamentarians had authority to deliberate the amendment bill.

"Even if the Constitution Court decides to proceed with the judicial review of the petition or issues an injunction to suspend the deliberation, we, parliamentarians, must insist on out duty to go on deliberating the bill I the first reading," Amnuay said.

-- The Nation 2013-04-03

[Lite Beer]

POLITICS
Sponsor of constitutional change sees no role for judicial intervention

BANGKOK: -- Senator Direk Teungfung, a sponsor of the amendments to the law, has voiced scepticism that the Constitution Court would launch a judicial review of the charter change bill.

I don't think the high court would review the constitutionality of proposed change for Article 68," he said, referring to an amendment of the clause for protecting democratic rule.

Direk, speaking as one of the cosponsors for the change, said the legislature had the mandate to amend the charter as deemed necessary.

He said he saw no justification for judicial intervention because the change would only address the channel through which a petition could be filed to activate prosecution for any attempt to overthrow democratic rule.

Pheu Thai MP Cholnan Srikaew said the charter change was within the purview of the legislature as per the separation of powers between the executive, the legislative and the judicial branches.

Cholnan said he was confident there would be no judicial intervention in the bill's passage.

Pheu Thai MP Cherdchai Tantisirin said the Constitution Court should stay out of the parliamentary deliberation on the bill.

The high court should heed the outcry triggered by its previous intervention in the legislative process, he said.

-- The Nation 2013-04-03

[Lite Beer]

PM upset with Senators’ move to block charter amendments
By English News

BANGKOK, April 3 – Thai Prime Minister Yingluck Shinawatra today called on lawmakers to proceed with the scheduled debate in Parliament on disagreement with constitutional amendments instead of having to seek the Constitution Court’s ruling.

She was referring to the petition by some 40 senators asking the Constitution Court to put the brakes on a parliamentary move to rewrite several sections of the Constitution.

The senators asked the court to stop the attempted amendments of Sections 68 and 237 and dissolve the political parties which endorsed the charter change.

Ms Yingluck said it is necessary for the country to change the laws for a better democracy and justice and the amendments of some sections were a fresh alternative after an earlier proposal to set up a national drafting committee to rewrite the charter was aborted.

“I do hope the Constitution Court’s ruling today will be a way-out for the country,” she said. “Thailand currently cannot move on despite its pace towards the ASEAN Economic Community. The government give reassurances that the constitution amendments are based on national interest,” she insisted.

Meanwhile, Senate Speaker Nikom Wairatchpanich who officially endorse the move for constitutional amendments said he would be willing to withdraw his original intention after being charged with impartiality.

In the last two days of the joint parliamentary session, the opposition bloc banned the Senate Speaker from chairing the debate for leaning to the government’s side. The three-day debate is due to end today with a vote on the first reading. (MCOT online news)

-- TNA 2013-04-03

[rubl]

The country cannot move forward without Constitution change, International Confidence cannot be ensured, etc, etc., etc.

A fresh alternative to a referendum the government had less confidence to succeed, therefor a fresh alternative to try to get their way. PM pleads "please proceed".

Obviously this is about democracy, one way or another.

BTW Pheu Thai MP Cherdchai Tantisirin said "The high court should heed the outcry triggered by its previous intervention in the legislative process"? He's probably referring to UDD leaders having fun and handing out addresses of CC judges?

[khunken]

Yingluck & her cronies are full of animal manure on this subject.

There is nothing in the current constitution that prevents democracy & the rule of law in Thailand. If she wants to govern for all Thais, nothing is stopping her (except her brother).

As mentioned above, PTP had the opportunity to prepare a referendum on whether the people wanted any amendment or not. They decided the risk of rejection was too great and now are paying the price for article-by-article changes, most (if not all) are for the party's benefit, not the Thai people.

Silencing the CC seems to be priority number one. Returning the Senate to spouses, mia nois & other family members (just an extension of the lower house) priority number two.

None of this is about de4mocracy - it's more down the slippery slope to dictatorship that the criminal craves.

[metisdead]

A nazi nonsense post has been removed.

[Bluespunk]

Yingluck insisted that charter amendment is to serve the country not a particular group.

Liar.

[slapout]

The phot shot for the PM does not appear to have gone as normal. she does appear somewhat ruffled. Those pesky legalities again, just keep jumping up to confront what they are attempting to railroad thru.

Hopefully it will come back to bite them in the arse.The present government seems to need a real bitch slapping in an attempt to get their priorities in line with the needs of the working thai people, instead of the leeches they have installed in seats of power.

[Greer]

It is time that elected officials ask for a court ruling that prohibits unelected freeloaders like him from leaving his house without a GPS attached to his ankle. The only reason why these appointed criminals try to frustrate a democratic process is because they are told to do so by the army and royalists.

You may have misread the article by believing the Shin government - the reality is that the current constitution provides for the direct intervention of the people to prevent changes that could alter the constitution in ways that the people don't want and that could damage Thai democracy or result in damage to our Monarchy.

BUT

That very article (number 68) is a big hurdle for the government, as it allows the great unwashed to directly petition for hearings - and that would mean that the government cant stop them, which would otherwise be a relatively simple thing to do once they put a government controlled person into the Attorney Generals seat.

Thus paving the way for government sponsored and controlled changes that COULD damage the democracy or harm our Monarchy.

The Senators call for a ruling is absolutely correct, and in support of the meaning and intent of the relevant portions of the current constitution. He seeks to protect it from damaging changes that would weaken the checks and balances.

The Senator is supporting and protecting the rights of the people.

[muttley]

POLITICS

Sponsor of constitutional change sees no role for judicial intervention

BANGKOK: -- Senator Direk Teungfung, a sponsor of the amendments to the law, has voiced scepticism that the Constitution Court would launch a judicial review of the charter change bill.

I don't think the high court would review the constitutionality of proposed change for Article 68," he said, referring to an amendment of the clause for protecting democratic rule.

Direk, speaking as one of the cosponsors for the change, said the legislature had the mandate to amend the charter as deemed necessary.

He said he saw no justification for judicial intervention because the change would only address the channel through which a petition could be filed to activate prosecution for any attempt to overthrow democratic rule.

Pheu Thai MP Cholnan Srikaew said the charter change was within the purview of the legislature as per the separation of powers between the executive, the legislative and the judicial branches.

Cholnan said he was confident there would be no judicial intervention in the bill's passage.

Pheu Thai MP Cherdchai Tantisirin said the Constitution Court should stay out of the parliamentary deliberation on the bill.

The high court should heed the outcry triggered by its previous intervention in the legislative process, he said.

-- The Nation 2013-04-03

Well,nobody thought that the Constitutional Court would take the previous frivolous invoking of Article 68 by the democrat party/PAD seriously either, accusing the PTP of planning to overthrow the State by daring to amend the constitution.

Yet again they are being dragged into the lawmaking arena by the anti PTP/Red Shirt/Shinawatra brigade.

It should be Rule of Law, not Rule by Law.

[billoutt]

Coalition to defy court order on bill deliberation: chief govt whip

BANGKOK: -- The chief government whip Wednesday insisted that the coalition and senators would press ahead with the deliberation of a bill seeks to amend Article 68 even if the Constitution issues an injunction to suspend the deliberation.

Chief government whip Amnuay Klungpha was referring to a petition filed by Senator Somchai Sawaengkarn with the Constitution Court against amendment to Article 68. Somchai asked the court to issue an injunction against the deliberation of the amendment bill, whose first reading began on Monday.

Amnuay insisted that parliamentarians had authority to deliberate the amendment bill.

"Even if the Constitution Court decides to proceed with the judicial review of the petition or issues an injunction to suspend the deliberation, we, parliamentarians, must insist on out duty to go on deliberating the bill I the first reading," Amnuay said.

.

Of course defy the law. The law is for the little people. All Power to TAKSIN !!!

.

Edited April 3, 2013 by metisdead
Repaired the reply as well as repaired the font.

[billoutt]

Proceed. Who dares defy the Shinawatra dynasty !!!

Edited April 3, 2013 by metisdead
Font