Courts pose last real threat to Thai government's agenda

[webfact]

LAWS
Courts pose last real threat to government's agenda
SOMROUTAI SAPSOMBOON
THE NATION

BANGKOK: -- SEVEN YEARS after the September 19, 2006 putsch that ousted Thaksin Shinawatra, the Pheu Thai-led government - which is aligned with Thaksin - may not be worried about another military coup, but it must have concerns about the so-called judicialisation of politics.

The opposition Democrat Party, though experienced in parliamentary debate, has become increasingly ineffective, and its tactic of "playing hardball" hasn't translated into the kind of results the Democrats expected.

Outside Parliament, the strength of the anti-government forces has also waned, with only one major issue able to re-ignite their fire - the proposed amnesty bill, of which the Pheu Thai Party insists Thaksin won't be the beneficiary.

And though the anti-Thaksin groups have joined forces under the People's Assembly Reforming Thailand (PART) banner, their chances of making inroads appear slim and their efforts are not aimed at immediately dislodging the government.

Thus, the government's only real fear is the judicialisation of politics, which opponents of the government see as the only way to "deal" with the incumbent Yingluck Shinawatra administration. They think that if they submit a series of petitions to the Constitutional Court, one of the cases might just result in the dissolution of the ruling party.

Senators who oppose the government have lodged a petition arguing that the move to amend the law pertaining to the way senators are selected is in violation of Article 68 of the Constitution.

If the government succeeds in abolishing the system of appointing some senators in favour of having all of them elected, this could have ramifications on the balance of power between the legislative, executive and judicial branches, and might affect the so-called independent organisations mandated under the Constitution.

Supporters of this argument reason that:

l The changes will result in a conflict of interest, as current senators will be allowed to run again right away without having to sit out a term, as the law currently requires;

l Spouses and children of MPs would be allowed to run for the senate, and would have an unfair advantage in doing so;

l Parliament lacked a quorum when it passed the proposed amendment in the first reading in April; and

l Some parliamentarians were not allowed to speak during that debate.

This is not the first time the government has faced obstacles. Last year, it had to retreat from pushing for the creation of a Constitution Drafting Assembly under Article 291 after the Constitutional Court stated that a wholesale rewrite of the charter required the approval of the people.

Pheu Thai then resorted to trying to amend the charter article by article. It has also threatened to resist the Constitutional Court, should it try to stall the bid again, by accusing the court of infringing on the authority of the legislative branch. Or it could try to amend the charter's provisions pertaining to the authority of the Constitutional Court.

"If the Constitutional Court exceeds the scope of its power, then we'll have to do something about it. If necessary, we will amend the charter as it pertains to the authority of the court," said Pheu Thai MP Samart Kaewmeechai, chairman of the House Committee on Charter Amendment.

The ruling party is likely to resort to the second tactic - initiating charter change related to the mandate of the Constitutional Court - because calling a meeting of the Parliament to insist on the legislature's powers seems too risky. But it will also face resistance to legislation authorising Bt2 trillion in borrowing to fund infrastructure projects. This bill might also be sent to the court for interpretation.

If it feels it is running out of options, the government may ultimately resort to dissolving the House in order to garner a fresh mandate from the electorate.


-- The Nation 2013-09-24

[notmyself]

If it feels it is running out of options, the government may ultimately resort to dissolving the House in order to garner a fresh mandate from the electorate.

Unless the army does it first.

[NongKhaiKid]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

[smutcakes]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

Who was the last person they abducted?

[NongKhaiKid]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

Who was the last person they abducted?

They didn't but were ordered to grab any Constitutional Court judges they saw while the reds had the court surrounded.

You don't think there are reds who would carry out such an order if the opportunity arose ?

[ChrisY1]

We all hope that the courts will be unbiased.....however, this largely depends on just how deep PTP has managed to penetrate the judiciary......

Of course, there's the chance if the courts actually do rule against, they may be ignored and taken to task.

[smutcakes]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

Who was the last person they abducted?

They didn't but were ordered to grab any Constitutional Court judges they saw while the reds had the court surrounded.

You don't think there are reds who would carry out such an order if the opportunity arose ?

They haven't to date which makes you comment pure speculation- they have had plenty of opportunity- the leaders are probably to politically savvy for that.

[givenall]

I think the tile should be

"Courts are the only Defense for stopping the Thaksin Dictatorial Take Over"

[sillybilly]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

Who was the last person they abducted?

They didn't but were ordered to grab any Constitutional Court judges they saw while the reds had the court surrounded.

You don't think there are reds who would carry out such an order if the opportunity arose ?

They haven't to date which makes you comment pure speculation- they have had plenty of opportunity- the leaders are probably to politically savvy for that.

MAybe I`m mistaken but during the red protest didn`t some of the reds take the manager of some tv station for a drive somewhere to have a quiet word to him about restoring some kind of broadcast he had stopped showing.

Since I don`t know how to search function properly maybe someone else can find the link.

[waza]

Thats whats wrong with the annoying rule of law, it make the government act legally. But dont worry Thaksin has a plan to abolish this impediment to his dictatorship.

[Confuscious]

Who was the last person they abducted?

They didn't but were ordered to grab any Constitutional Court judges they saw while the reds had the court surrounded.

You don't think there are reds who would carry out such an order if the opportunity arose ?

They haven't to date which makes you comment pure speculation- they have had plenty of opportunity- the leaders are probably to politically savvy for that.

MAybe I`m mistaken but during the red protest didn`t some of the reds take the manager of some tv station for a drive somewhere to have a quiet word to him about restoring some kind of broadcast he had stopped showing.

Since I don`t know how to search function properly maybe someone else can find the link.

Hmmmmm,

And was it not the PAD who started to abduct people and humiliate them in their stages?????

It takes one fool to call another names.

[Neilly]

LAWS

Courts pose last real threat to government's agenda

Well it’s been pretty clear what the governments agenda has been up to this point...I just hope the courts can prove its illegal and shut them down before they totally ruin this lovely country

[iancnx]

On another thread early October is quotes as being a significant time of the year astrologically. I suspect it will play out that way. Seems to me final warnings are being surreptitiously issued........

[worgeordie]

Good Luck to the courts,someone needs to reel the Government in,

just because it has the majority does not give it the right to just do

whatever it wants,the 2.2 Trillion loans scam is an example,all other

countries are trying to get out of debit,while Thailand is hell bent

on joining them.

With exports down ,rice mountains,lge stocks of rubber, the public

debit,(would really like to know the real extent)everything says don't take

on so much debit.

regards Worgeordie

[chainarong]

Its irrelevant to the cause whether the courts find in favour or against , in this instance the PTP will just keep bulldozing it's way , till it gets it way, therefore allowing Thaskins dream of a totalitarian state , (like Singapore), to become a closer possibility.

[hellodolly]

Why is PTP worried about the courts as all they need to do is unleash the red shirts who will happily surround the relevant buildings and issue an " abduct on sight " order in respect of judges.

Who was the last person they abducted?

They didn't but were ordered to grab any Constitutional Court judges they saw while the reds had the court surrounded.

You don't think there are reds who would carry out such an order if the opportunity arose ?

They haven't to date which makes you comment pure speculation- they have had plenty of opportunity- the leaders are probably to politically savvy for that.

True but the average dum dum red shirt is not.

[Spare]

The court has every right to give "Red Card" to any government they see unfit to govern.

That is their job.

And by law, no want can question the judges decision.

[drdoom6996]

When has this mob, Headed by Taksin ever worried about the courts? Change the law, do the deed, laugh all the way to the bank. And if you get aught, run to Dubai.

[indyuk]

I find the arguments and bitterness in the comments to this press report, which seems to be presenting a candid point of view, very unsettling.

All of this paranoia over the Pue Thai Party and the formerly despatched PM Thaksin on trumped up charges that have never been substantiated is ridiculous.

This baying for blood is alike to the justification of a third world terrorist that wishes to seize power at the expense of the government and its determined electorate.

The babble of self appointed Old Etonian prefects with their paddles for small boys in their youth with their impudence can never bring wealth and respect to a Thailand, now in its umteenth, steady as she goes, rising from yesteryears ashes.

​In short gentlemen the way forward that many quotes present would likely guarantee the absolute demise of this fine nation.

[GentlemanJim]

I find the arguments and bitterness in the comments to this press report, which seems to be presenting a candid point of view, very unsettling.

All of this paranoia over the Pue Thai Party and the formerly despatched PM Thaksin on trumped up charges that have never been substantiated is ridiculous.

This baying for blood is alike to the justification of a third world terrorist that wishes to seize power at the expense of the government and its determined electorate.

The babble of self appointed Old Etonian prefects with their paddles for small boys in their youth with their impudence can never bring wealth and respect to a Thailand, now in its umteenth, steady as she goes, rising from yesteryears ashes.

​In short gentlemen the way forward that many quotes present would likely guarantee the absolute demise of this fine nation.

You are obviously 'in the UK' and know nothing about what you speak.

The courts may not be the only problem facing PTP ! Today, it is in the news that a video was taken of a PTP MP at voting time in the house putting 4+ cards in to the voting machine in parliament when an MP must be there to put their own in !! This has yet to hit the news on TV but I imagine will be on tomorrow. Maybe the Astrologers were right after all, I think the SWHTF !