Interview: 'New Thai Constitution is only possible after next election'

[webfact]

EXCLUSIVE INTERVIEW
'New Constitution is only possible after next election'
Hataikarn Treesuwan
The Nation


Kramol: Denies links with Thaksin

BANGKOK: -- Kramol Tongthamachart, the former Constitutional Court president who agreed to join the government's political reform forum, said he hoped to see a new charter that is "fair to all parties".

He explained that he has agreed to join the forum because he wants to do what is best for the country, adding that his ultimate goal was to amend the Constitution.

Kramol went on to say that the best solution for ending political conflicts in the country was to have a charter that resets the balance of power between the judicial, the legislative and executive branches of the government.

He said he believed the reform effort would succeed if widely accepted senior figures joined the constitutional drafting assembly (CDA), as they did in 1997. "Members of the reform committee cannot join the CDA because they are seen as siding with the government," he said.

Kramol believes it will be a while before a new Constitution can be promulgated because the key opposition Democrat Party has been refusing to join the government's reform forum.

"The Democrats and the government are going in different directions. Though I believe they may have already had secret talks to discuss what it is they want," he said.

"The current Constitution will most probably still be used in the next general election. We will probably still be using the current Constitution in the next general election. But, we might have a new charter when one of the parties loses the election," he said.

As for Thai politics, he put the problems down to political parties having different goals. For instance, he said, some parties spent far too much time trying to keep their rivals in check, like the Democrat MPs spent 12 days debating against the constitutional amendment in Parliament.

"I don't know what they want. I guess the opposition fears that the government will change the charter for [former prime minister] Thaksin Shinawatra's benefit, so they used filibustering techniques to delay the amendment," he said.

Kramol was one of the key judges overseeing the 2001 Thaksin asset-concealment case shortly after he became premier, and the verdict in favour of Thaksin was met with widespread criticism.

The former judge also denied that Thaksin had asked him to join the reform process, initiated by his sister PM Yingluck Shinawatra, saying he had not been in touch with the former leader.

As for criticism, he said: "Why do I need to listen to critics? I'm 78 years old and if I get angry it could kill me. I don't care much about political colours as this might be my last job," he said.

Kramol added that though the current Constitutional Court was trying to extend its reach, people should not expect the court to start controlling the Parliament and government.

"Have you ever heard of tulakan phiwat [judicial activism]? It has enabled certain groups of judges to enter the Constitutional Court and independent agencies. It appears they have become the opposition's tools to control the government. Tulakan phiwat still exists, but has less power due to public pressure," he said.

Kramol also questioned former Constitutional Court president Wasan Soypisudh's recent moves. Wasan, who recently resigned, warned the government that it could be in violation of the Constitution if it failed to declare its annual achievements to Parliament as required by the charter.

Though he admitted that the government could be faulted for neglecting this requirement, Kramol said he did not understand why and for whom Wasan was issuing these warnings.

He also said there will be more pressure on the Constitutional Court and advised it to be choosier about cases it heard. "The Constitutional Court's duty is to hear cases that are only related to the Constitution, not political cases," he said.

He also slammed those who did not respect the court's verdicts. "These days, people use strange methods. They prefer to take their cases to the streets," he said.


-- The Nation 2013-09-21

[bigbamboo]

Surely any constitution has to be voted for by the people not just the politicians.

[Baerboxer]

Surely any constitution has to be voted for by the people not just the politicians.

That would be so in a democracy.

However, the word "democracy" may be understood a little differently here.

Remember the mentality - "we've been elected, we can do what we want now".

[drdoom6996]

Surely any constitution has to be voted for by the people not just the politicians.

That would be so in a democracy.

However, the word "democracy" may be understood a little differently here.

Remember the mentality - "we've been elected, we can do what we want now".

And before or after the next election won't matter. The PTP will have 2.2 trillion baht to buy the next election with by that time.

Edited September 21, 2013 by drdoom6996

[Chrisswe]

Not only fair for all partys must be fair for the Thai people's olso. Than a new election should be arranged urgent! For Thailand future and development !!

[Chrisswe]

Not only fair for all partys must be fair for the Thai people's olso. Than a new election should be arranged urgent! For Thailand future and development !!

[LuckyLew]

Let the PTP do what they want

They won the election fair and square

Change the constitution

Borrow a few trillion

Pillage all they want

Bring Thaksin home

Fire up the BBQ at the wat in Chang Mai

Upto to them

[siampolee]

Upon reading the comments made by the esteemed Kramol Tongthamachart initially I was rather impressed with his eloquent comments.

However upon a second in depth reading of his comments I have come to the conclusion that the whole piece was in fact written by scriptwriters based in Dubai.

The whole context of the piece is so pro Thaksin that even a blind person would see the bias. methinks that at 78 yet another political dinosaur is having trouble in discerning the truth concerning Thailand and its political intrigues.

He also slammed those who did not respect the court's verdicts. "These days, people use strange methods. They prefer to take their cases to the streets," he said.

All reminiscent of some time ago when the puppet master openly funded and supported terrorist activities to pursue his own ends, indeed the pontificating concerning the new constitution is sad to see, the truth is yet again being viewed through a red tinted prism by those who presume to be our betters.

[timewilltell]

Well this guy is firmly in Thaksin's camp.

Of course the Constitutional Court must control government when said government steps out of line for the Constitution is superior to any law the government wishes to pass where the two clash.

If the government cannot conform to the constitution then it must be brought to task. The government is seeking to redraft the constitution for the furtherance of its corrupt goals. The constitution should not be subject to continual review and change by the government of the moment but how to decide who can change the constitution is a thorny issue. It does not lend itself to vote because the issues are complex and not understood by most. However any change should be made by process of consensus of all political parties and preferably a panel of academics and judges. Not at h whim of Yingluck as to which boots she wishes to wear.

The guy in the photo looks like Bill Murray. Who you gonna call? Ghostbusters

Edited September 21, 2013 by timewilltell

[ratcatcher]

Upon reading the comments made by the esteemed Kramol Tongthamachart initially I was rather impressed with his eloquent comments.

However upon a second in depth reading of his comments I have come to the conclusion that the whole piece was in fact written by scriptwriters based in Dubai.

The whole context of the piece is so pro Thaksin that even a blind person would see the bias. methinks that at 78 yet another political dinosaur is having trouble in discerning the truth concerning Thailand and its political intrigues.

He also slammed those who did not respect the court's verdicts. "These days, people use strange methods. They prefer to take their cases to the streets," he said.

All reminiscent of some time ago when the puppet master openly funded and supported terrorist activities to pursue his own ends, indeed the pontificating concerning the new constitution is sad to see, the truth is yet again being viewed through a red tinted prism by those who presume to be our betters.

Things are heating up in the PTP back rooms. Nearly the end of September and still no guarantee that Mr.T will be back by the end of the year. This is critical, as one Chalerm Yubamrung stands to be separated from his head if the mission is not accomplished.

[whybother]

Surely any constitution has to be voted for by the people not just the politicians. 

 

The 1997 "People's Constitution" wasn't voted for by the people.

Sent from my HTC Desire HD A9191 using Thaivisa Connect Thailand mobile app

[bigbamboo]

Surely any constitution has to be voted for by the people not just the politicians.

The 1997 "People's Constitution" wasn't voted for by the people.

Sent from my HTC Desire HD A9191 using Thaivisa Connect Thailand mobile app

And yet the current one that PT want to throw out was!

I guess that's democracy Thai style.

[JAG]

Under duress. I well remember walking into my house to find a Military Police NCO lecturing my wife and her parents on how they were to vote. Arrogant sod hadn't even taken off his boots!

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[gk10002000]

Sadly, Thailand does not seem to grasp what a Consitution is supposed to be. It is NOT something that anybody can come in and toss out for their convenience. I hated to see what was done after the Thaksin overthrow with the constitution. If one keeps tossing out and re-writing a constitution, than the document is meaningless

[MaxLee]

Sadly, Thailand does not seem to grasp what a Consitution is supposed to be. It is NOT something that anybody can come in and toss out for their convenience. I hated to see what was done after the Thaksin overthrow with the constitution. If one keeps tossing out and re-writing a constitution, than the document is meaningless

In Thailand, a constitution is a facility where MP's and senators can "play, fight each other, and on top of that look at porn on their iPads all day long"....

In other words In Thailand, a constitution is a PURE KINDERGARTEN FOR MENTALLY DISABLED INFLUENTIAL KIDS WITH ZERO TOLERANCE BEHAVIOR NORMS with no regards to human life

[siampolee]

Things are heating up in the PTP back rooms. Nearly the end of September and still no guarantee that Mr.T will be back by the end of the year. This is critical, as one Chalerm Yubamrung stands to be separated from his head if the mission is not accomplished.

Indeed a comment far nearer the truth than many in the P.T.P. would like to hear let alone believe.

The very thought of Chalerms head rolling (metaphorically speaking) along with all the other little P.T.P. puppets is indeed a satisfying thought .Let us hope that this particular dream comes true and then metamorphoses into a living nightmare for those in this P.T.P puppet administration.

Chalerms concerns are not about his head like many others of Thaksins puppets it's the separation of money from the puppet masters stipends and the P.T.P. scams schemes that are no doubt the worrying factor

[MaxLee]

If the people fall for the same old instant free luxury scams year after year after year,... nothing is ever gonna change