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Constitution Court meets on petitions against Budget Bill, charter change


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Constitution Court meets today on petitions against Budget Bill, charter change
By English News

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BANGKOK, Oct 2 – Thailand's Constitution Court today begins a hearing on a petition by senators and Democrat MPs seeking an injunction of the Budget Bill, which was passed in the final reading by Parliament.

The 112 senators and Democrat MPs have asked the Constitution Court to rule on whether Articles 27 and 28 of the 2014 Budget Bill, concerning allocations to the Judiciary Office, Administrative Court Office and National Anti-Corruption Commission (NACC), breach the Constitution.

The chairman of the Lower House’s budget scrutiny committee, and representatives of the Budget Bureau, Administrative Court Office, Judiciary Office and NACC will be invited to appear before the Constitution Court judges to give their respective clarifications.

Also on the Constitution Court’s agenda is a petition by senators, led by Gen Somjet Boonthanom and Rossana Tositrakul, on a bill to amend the Constitution.

The senators asked the court to rule whether the amended article requiring an election of Upper House members is against Section 68 of the Constitution and instructed the prime minister to not submit the bill for royal endorsement.

Prime Minister Yingluck Shinawatra nonetheless has signed and forwarded the bill to His Majesty the King for his approval.

Police were instructed to be on full alert at the Constitution Court Office on Chaengwattana Road today amid reports of demonstrations by certain civil society groups.

If the protests escalate, the judges may move to another office near the Pahurat area, an informed source said.

In practice, the administrative branch is subject to submit a bill, passed by Parliament, for royal endorsement – a process which takes 90 days.

Since the bill on charter amendment is pending the Constitution Court’s decision, His Majesty’s Principal Private Secretary Office will possibly choose to wait for the court’s ruling which should not take more than 90 days, according to a public law specialist. (MCOT online news)

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-- TNA 2013-10-02

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POLITICS
Court's view on budget bill slated for Friday

The Nation

BANGKOK: -- The Constitutional Court on Wednesday allows the government to seek the royal endorsement for a charter amendment clause, while resolving to announce its view on the constitutionality of the 2014 budget bill on Friday.

The Court announced today that it would not impose the injunction on the government’s quest to seek the royal endorsement for the amendment in the senator chapter.

A group of four senators led by Rosana Tositrakul submitted the petition.

Meanwhile, the Court would announce on Friday whether the 2014 budget bill is constitutional.

PM's Office Minister Varathep Ratanakorn, as deputy chairman of the House Committee screening the bill, on Wednesday testified before the Constitutional Court. He is confident that the bill is constitutional. If the Court sees so, the government is ready to seek the royal endorsement immediately.

The Court looks into the budget-related case as asked by 50 senators led by appointed senator Paiboon Nititawan and 62 Democrat Party MPs led by Songkhla MP Wirat Kallayasiri. They said the bill may be unconstitutional as the government failed to increase the budgets for three independent agencies - the Office of the Administrative Court, the Office of the Judiciary, and the office of the National Anti-Corruption Commission (NACC).

Due to the pending judgement, the government delays the quest for royal endorsement. This consequently delays some government spending planned for the 2014 fiscal year, which started from October 1.

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-- The Nation 2013-10-02

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If a very basic law like the constitution of a country is amended, it would be wise the have the approval of all and make sure the procedure as well as the content is in accordance with the existing rules.

Democracy, as Tony Blair said so eloquently, has as en essential element the respect for the minorities. That includes the parliamentary minority as much as the minority of the people and communities.

A government which pushed an amendment of the constitution through with its parliamentary majority and denies the opposition even the opportunity to speak against the amendment, does not wait for the constitution court to check it and circumvents the people by refusing to submit it to a popular vote is very basically undemocratic and must be labeled as dictatorship through majority.

Where has the constitutional court been the many other times it has been amended?

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They said the bill may be unconstitutional as the government failed to increase budgets for three independent agencies - the Office of the Administrative Court, the Office of the Judiciary, and the office of the National Anti-Corruption Commission (NACC).

That's one way to remove the checks and balances.

Underfund the activities of those in charge of ensuring checks and balances.

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If a very basic law like the constitution of a country is amended, it would be wise the have the approval of all and make sure the procedure as well as the content is in accordance with the existing rules.

Democracy, as Tony Blair said so eloquently, has as en essential element the respect for the minorities. That includes the parliamentary minority as much as the minority of the people and communities.

A government which pushed an amendment of the constitution through with its parliamentary majority and denies the opposition even the opportunity to speak against the amendment, does not wait for the constitution court to check it and circumvents the people by refusing to submit it to a popular vote is very basically undemocratic and must be labeled as dictatorship through majority.

Where has the constitutional court been the many other times it has been amended?

They were waiting for permission from the army to intervene....

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If a very basic law like the constitution of a country is amended, it would be wise the have the approval of all and make sure the procedure as well as the content is in accordance with the existing rules.

Democracy, as Tony Blair said so eloquently, has as en essential element the respect for the minorities. That includes the parliamentary minority as much as the minority of the people and communities.

A government which pushed an amendment of the constitution through with its parliamentary majority and denies the opposition even the opportunity to speak against the amendment, does not wait for the constitution court to check it and circumvents the people by refusing to submit it to a popular vote is very basically undemocratic and must be labeled as dictatorship through majority.

Where has the constitutional court been the many other times it has been amended?

They were waiting for permission from the army to intervene....

A court cannot become active on its own initiative, someone must petition the court, file a lawsuit.

But I certainly agree that what the military did in 2006/2007 was totally and fundamentally against the constitution and the big military players who staged the coup should all be court-martialled and put in prison for high treason.

Instead their leader has been elected an MP and ironically presides over a reconciliation committee and they made a new constitution and were clever enough the build in an amnesty for themselves.

One might argue that with the vote on this new constitution and a majority in favor of it, all is well, but I believe it is not that easy.

It shows that democracy without education is just a joke.

Actually, what the PT government is doing now with the amendment of the constitution, the flood water bill and the 2 trillion baht bill is on the same level of undemocratic behavior as the 2006 coup makers.

Circumvent the public and push through nebulous bills with MP who see only their pockets filled with a cut of the 2 trillion.

Edited by dominique355
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