Pheu Thai M Ps And Senators Defy Constitution Court Order In An Open Letter

[webfact]

Pheu Thai MPs, senators defy court's order
By Digital Media

BANGKOK, May 4 – The government’s Pheu Thai Party has released an open letter objecting the Constitution Court’s consideration of a petition against a parliamentary amendment of the Constitution.

Pheu Thai spokesman Prompong Nopparit said the open letter, signed by 312 national legislators, publicly announced the group’s disapproval of the court’s role in the issue and insisted that the attempt to rewrite Section 68 of the charter will carry on.

A group of senators led by Somchai Sawaengkarn recently petitioned the Constitution Court seeking an injunction of a proposed bill to amend the Constitution.

The court, which accepted the senators’ petition for consideration, has ordered lawmakers advocating the charter amendment to give their reasons within 15 days. The deadline is May 15.

Mr Prompong said the 312 MPs and senators will defy the court’s order, insisting that the Constitution Court is not authorised to accept the petition.

There is no allowance in the charter that entitles the Constitution Court to expand the scope of its power, he said.

Regarding a move to relieve Constitution Court judges of their duties, Mr Prompong said it’s up to Parliament which will require at least 100 MPs to support the move.

“This is not a conflict or pressure on the court. We only want each party to perform its duty as stipulated by the Constitution. If lawmakers fail to protect sovereignty, the country’s democracy will be weakened and the Constitution Court will be above other organisations including independent groups,” he said.

Opposition Democrat leader Abhisit Vejjajiva said the Pheu Thai party’s open letter will widen conflicts in the country, calling on MPs and senators to respect others’ authority.

He said he strongly opposed to the move by 312 MPs and senators against the role of the Constitution Court concerning the proposed rewrite of the charter.

He called on the prime minister to give priority to national interest and public order rather than the interests of her family. (MCOT online news)

-- TNA 2013-05-04

[Pimay1]

This is not a conflict or pressure on the court.

Well I'm glad he cleared that up.

[Pimay1]

He called on the prime minister to give priority to national interest and public order rather than the interests of her family

He might as well call on the sun to rise in the West.

[chainarong]

Just as you would expect from a bunch of arrogant rich rabble representing their own self interests and not of those of Thailand, they tread a dangerous path.

[Thai at Heart]

Read a good review of this issue on another site.

Falls down to "and" as a meaning in context of either , or.

[OzMick]

Read a good review of this issue on another site.

Falls down to "and" as a meaning in context of either , or.

Sounds like a good enough reason to provoke a civil war, if that's what you wanted in the first place.

[rubl]

Mr Prompong said 'there is no allowance in the charter that entitles the Constitution Court to expand the scope of its power'.

As a stand alone statement it has no real value and as statement based on an assumption even less without the proof that the 'expand scope' is actual.

[Robby nz]

A group of senators led by Somchai Sawaengkarn recently petitioned the Constitution Court seeking an injunction of a proposed bill to amend the Constitution.

The court, which accepted the senators’ petition for consideration, has ordered lawmakers advocating the charter amendment to give their reasons within 15 days. The deadline is May 15.

The court and judges have not as yet even considered the petition, only accepted it for consideration as of course they are allowed to do.

The court has asked those proposing the charter amendment to go tell the court why it should go ahead.

They are, among other things refusing to do this.

So we have a situation where the defense, in this case the Govt refuses to defend their case.

This must make it difficult for the judges for they can only rule on one side of the story.

However the obvious inference is that the Govt has no defense and what they are trying to do is against the law.

If indeed what they want to do conforms with the law what have they got to worry about?

Having the court endorse what they are doing, as it no doubt would if it was legal would surly be to their advantage.

[Greer]

Let me get this right - the government is objecting to the Constitution Court considering petitions relating to the proposed changes to the Constitution.... and therefore want them sacked...for doing what they are supposed to do...protect the Constitution...because it MIGHT BE in opposition to what the PTP wants to push through.

[WhizBang]

Let me get this right - the government is objecting to the Constitution Court considering petitions relating to the proposed changes to the Constitution.... and therefore want them sacked...for doing what they are supposed to do...protect the Constitution...because it MIGHT BE in opposition to what the PTP wants to push through.

Yup, pretty much it in a nutshell.

If what they were trying to do was legal, why worry. Unless, of course......

[Locationthailand]

Let me get this right - the government is objecting to the Constitution Court considering petitions relating to the proposed changes to the Constitution.... and therefore want them sacked...for doing what they are supposed to do...protect the Constitution...because it MIGHT BE in opposition to what the PTP wants to push through.

Good summary. Options are i) remove the politicians/MP's who defy the court ii) dissolution of government - no confidence motion, iii) coup OR iv) civil war.

If the court were to issue directives for i) or ii) police for the first and second - if ignored - the army, iii) and iv) would take place as a matter of course. PTP is heading the country to a stalemate and there can only be one solution then - coup #19.

[Ricardo]

The PTP MPs object to the Court considering a 'petition', but would meanwhile like them to take this 'open letter' into consideration, or else why write & publish it ?

Wonder whether the apparent contradiction, in the MPs' stance, has yet occurred to them ?

Edited May 4, 2013 by Ricardo

[Thai at Heart]

Read a good review of this issue on another site.

Falls down to "and" as a meaning in context of either , or.

Sounds like a good enough reason to provoke a civil war, if that's what you wanted in the first place.

Bangkok pundit has a great piece on it.

It literally comes down to whether someone requests the attorney general, and the ag forwards it to the Cc, or someone passes it to the attorney general AND the cc.

On such small interpretations.

[Thai at Heart]

Let me get this right - the government is objecting to the Constitution Court considering petitions relating to the proposed changes to the Constitution.... and therefore want them sacked...for doing what they are supposed to do...protect the Constitution...because it MIGHT BE in opposition to what the PTP wants to push through.

It's about interpreting the meaning of how things get to the constitution court. Tiny procedural meanings from the constitution.

[GentlemanJim]

Even if a PTP MP thinks this is a bad move, they have no choice other than to sign and be damned, as a prerequisite to their appointment as a PTP MP was that they gave Thaksin a signed letter of resignation.

Make your plans for your family!

[NCFC]

A group of senators led by Somchai Sawaengkarn recently petitioned the Constitution Court seeking an injunction of a proposed bill to amend the Constitution.

The court, which accepted the senators’ petition for consideration, has ordered lawmakers advocating the charter amendment to give their reasons within 15 days. The deadline is May 15.

The court and judges have not as yet even considered the petition, only accepted it for consideration as of course they are allowed to do.

The court has asked those proposing the charter amendment to go tell the court why it should go ahead.

They are, among other things refusing to do this.

So we have a situation where the defense, in this case the Govt refuses to defend their case.

This must make it difficult for the judges for they can only rule on one side of the story.

However the obvious inference is that the Govt has no defense and what they are trying to do is against the law.

If indeed what they want to do conforms with the law what have they got to worry about?

Having the court endorse what they are doing, as it no doubt would if it was legal would surly be to their advantage.

Because the court can only rule on what has be DONE and not on what the Government INTENDS to do

[paymaster]

What we are seeing here is very similar to the family takeover of all institutions responsible for checks and balances, which was almost complete, when the previous coup occurred. Nobody wants a coup but alternatives are rapidly dissappearing.

[Baerboxer]

What we are seeing here is very similar to the family takeover of all institutions responsible for checks and balances, which was almost complete, when the previous coup occurred. Nobody wants a coup but alternatives are rapidly dissappearing.

Yep - same modus operandi - new players, some not so new.

Unfortuately, you appear to be right on lack of alternatives.

[tomross46]

Let me get this right - the government is objecting to the Constitution Court considering petitions relating to the proposed changes to the Constitution.... and therefore want them sacked...for doing what they are supposed to do...protect the Constitution...because it MIGHT BE in opposition to what the PTP wants to push through.

Good summary. Options are i) remove the politicians/MP's who defy the court ii) dissolution of government - no confidence motion, iii) coup OR iv) civil war.

If the court were to issue directives for i) or ii) police for the first and second - if ignored - the army, iii) and iv) would take place as a matter of course. PTP is heading the country to a stalemate and there can only be one solution then - coup #19.

This coup is in process now. Not by the military but by the PTP. If they can declare the judiciary null and void, than with the control of the executive and Parliament they control everything.. Than all past, present and future charges for Big Brother can me eliminated and than we would have a dictatorship, with the red shirts as the enforcers.

[oldsailor35]

This constant poisonous castigation of the PTP by the DEMs is all they have left now. Several times it has been proven that they are not wanted by the majority of Thais although they have a strong support in the South and amongst the "hi so" class of Bangkok. Why cannot the DEMs realise this and get on with helping Thailand to improve and grow , rather than justifying their existance by attacking Thaksin and accusing him of everything, most of which he has nothing to do with other than innuendo, with no proof. Surely Thailand is better off without the evil Suthep and his "yes man" AV.

[Robby nz]

This constant poisonous castigation of the PTP by the DEMs is all they have left now. Several times it has been proven that they are not wanted by the majority of Thais although they have a strong support in the South and amongst the "hi so" class of Bangkok. Why cannot the DEMs realise this and get on with helping Thailand to improve and grow , rather than justifying their existance by attacking Thaksin and accusing him of everything, most of which he has nothing to do with other than innuendo, with no proof. Surely Thailand is better off without the evil Suthep and his "yes man" AV.

The reds have no defense against this one so all they have left is to attack the Dems.

And of course anyone who disagrees with anything PT does must be a Dem, which is a change usually its yellow.

[Pimay1]

This constant poisonous castigation of the PTP by the DEMs is all they have left now. Several times it has been proven that they are not wanted by the majority of Thais although they have a strong support in the South and amongst the "hi so" class of Bangkok. Why cannot the DEMs realise this and get on with helping Thailand to improve and grow , rather than justifying their existance by attacking Thaksin and accusing him of everything, most of which he has nothing to do with other than innuendo, with no proof. Surely Thailand is better off without the evil Suthep and his "yes man" AV.

None are so blind as those who will not see

[winstonc]

does anybody think there will be a coup,i believe if thaksin comes back he wont last long,,