Court lacks authority to rule on Senate amendment, professor warns

[webfact]

Court lacks authority to rule on Senate amendment, professor warns
Pravit Rojanaphruk,
Anuphan Chantana
The Nation

BANGKOK: -- The Constitutional Court has no authority to decide on the charter-amendment bill calling for a fully elected Senate, as the matter is now under royal consideration, warned Prof Ukrit Mongkolnavin, former president of Parliament and chairman of the government-appointed independent National Rule of Law Commission (NRLC).

The court is scheduled to make a ruling on the matter today.

"Be careful. You may be violating the royal prerogative and the lese majeste law. You have no power to rule on the matter, as the prime minister has already submitted the matter to HM the King," he said.

Ukrit said the court had to be careful not to seem swayed by either side of the political divide.

"I warn [you] with good intentions: Don't do it. You'll become prey for both sides. Do not violate the royal prerogative. People may clash and die - can you be responsible for those deaths?"

He also urged red shirts and anti-government protesters to remain peaceful: "Don't kill one another."

Ukrit was speaking at a packed symposium on "The Role of the Constitutional Court in the Survival of the Country" held yesterday by Chulalongkorn University's Faculty of Law. He said that if His Majesty the King did not endorse the proposed amendment within 90 days, then he believed Parliament would act accordingly.

Bhokin Bhalakula, adviser to Prime Minister Yingluck Shinawatra and former vice president of the Supreme Administrative Court, said the Constitutional Court only had the authority to decide whether something was constitutional; that did not include amendments to the charter itself.

He said the proposed amendment of the charter on the election of senators was not tantamount to changing the democratic political system, and thus was not a matter under the authority of the Constitutional Court.

But Thaworn Senneam, former deputy leader of the opposition Democrat Party, expressed a different opinion from that of Ukrit and Bhokin, saying the Constitutional Court did have authority on the matter.

"Is the charter court an obstacle for the government's survival?" asked Thaworn. "Does the charter court not have the role of scrutinising the government?"

Thailand uses the principle of the Constitution being a higher authority than the parliament, he said.

He added that his party would accept whatever ruling the court made today.

"If we only have elected senators, we run the risk of facing political domination," he said.

Meanwhile, at the Faculty of Political Science, Institute of Public Policy Studies chairman Chai-anan Samudavanija said he attributed the resumption of political turbulence to a lack of leadership on the part of Prime Minister Yingluck Shinawatra.

"The prevailing political crisis has occurred because the country has a leader with low intellect who is a puppet of another," he said.

Separately, Future Innovative Thailand Institute chairman Surin Pitsuwan yesterday proposed that voters push for national reform via voting in the next general election.

Surin Pitsuwan, a former Asean secretary-general, said political parties should announce their stance related to national reform during the election campaign.


-- The Nation 2013-11-20

[Bluespunk]

Wow, they must be really worried at PT if they start rolling out the house trained academics.

Can imagine the profs side of the phone call.

"You want me to say what? Ok, how much do I get? No problem"

[Thainy Tim]

This guy is two sandwiches short of a picnic.

It is hilarious to read. Hang on, back in a minute, I need to stop laughing and gather my thoughts again.

That's better.

I thought I had heard everything, but this takes the biscuit. The constitutional court is the ONLY entity that can make this ruling. They are ruling on the legality of the amendments and the people who rammed it through to the stage it is in the hands of his majesty.

It is because the government and their paid of senators are trying to rewrite the constitution for their own ends. Once again, to bypass democracy and install dictatorship.

I love the way he is being so alarmist about it. Straight out of a children's fiction book.

[Thai at Heart]

The Role of the Constitutional Court in the Survival of the Country"

Sounds riveting. Who the hell thinks up these meetings. The sky is faaaaaalllllllllinnñnnnnnnnnnggggggggggg.

[NongKhaiKid]

This guy is two sandwiches short of a picnic.

It is hilarious to read. Hang on, back in a minute, I need to stop laughing and gather my thoughts again.

That's better.

I thought I had heard everything, but this takes the biscuit. The constitutional court is the ONLY entity that can make this ruling. They are ruling on the legality of the amendments and the people who rammed it through to the stage it is in the hands of his majesty.

It is because the government and their paid of senators are trying to rewrite the constitution for their own ends. Once again, to bypass democracy and install dictatorship.

I love the way he is being so alarmist about it. Straight out of a children's fiction book.

Just saw on BBC World TV that the Monty Python team are re-forming so if he needs a career change... !

[WitawatWatawit]

You'd think a guy with his background would know better. He's a former senator now heading a govt-backed panel that earlier this year tried to put forward an amnesty bill and have it fast-tracked. So now he's warning the CC judges and trying to put more pressure on them, just like the reds are doing. Throwing the words lese majeste into the mix is serious stuff, but I hope the judges completely ignore him. Anyway, I can't see how it could be LM. The bill is only tabled with the King and is not, atleast as far as I know, yet actionable.

[patjem]

And the show continues...... next, should we expect that somebody will try to counter by filing lese majeste charges against him?

[ramrod711]

"The prevailing political crisis has occurred because the country has a leader with low intellect who is a puppet of another," he said.

Does this mean that Abhisit was right? She is a stupid woman? Is he saying that she is a puppet of another person, or another person with low intellect?

[Thait Spot]

Lese majeste charges might equally apply to those who submitted a flawed bill to the Palace.

"The prevailing political crisis has occurred because the country has a leader with low intellect who is a puppet of another," - Brutal!!!!!

[Bluespunk]

"Meanwhile, at the Faculty of Political Science, Institute of Public Policy Studies chairman Chai-anan Samudavanija said he attributed the resumption of political turbulence to a lack of leadership on the part of Prime Minister Yingluck Shinawatra.

"The prevailing political crisis has occurred because the country has a leader with low intellect who is a puppet of another," he said."

Brave or foolish man. Either way he should expect some red attired individuals to set up camp around his house any day now.

Edited November 20, 2013 by Bluespunk

[Katipo]

"chairman of the government-appointed independent National Rule of Law Commission"

That pretty much rules out any chance of impartialiality, doesn't it?

[aussieinthailand]

Cool, put everything on hold and call another election, and the loosing party should debate the government of the day to get the best results on issues for the country and it's people, but not as this current opposition dose and object to everything and anything regardless of the subject. I don't really care that much which side wins government , just stop crying cause you lost the election and try anything to bring it down any way you can.

just a thought

[Robby nz]

All that is completely academic as the court has already ruled that it has the legal right to accept the case.

It has voted on it and should be reading the decision right now.

Nothing else matters.

[trevor4]

Wow, they must be really worried at PT if they start rolling out the house trained academics.

Can imagine the profs side of the phone call.

"You want me to say what? Ok, how much do I get? No problem"

Lifelong-politician-but-now-"Professor" Ukrit and a benefactor meet

[trevor4]

"chairman of the government-appointed independent National Rule of Law Commission"

That pretty much rules out any chance of impartiality, doesn't it?

He was appointed by Yingluck and endorsed for the position by Yingluck's Cabinet, so, yeah, not a lot of impartiality going on.

[MrSlatersParrot]

Cool, put everything on hold and call another election, and the loosing party should debate the government of the day to get the best results on issues for the country and it's people, but not as this current opposition dose and object to everything and anything regardless of the subject. I don't really care that much which side wins government , just stop crying cause you lost the election and try anything to bring it down any way you can.

just a thought

Here we have an opposition that exists solely to oppose and weaken.

A minority party that through threats and intimidation and running to the courts seeks to overturn every decision taken by the ruling party.

To hinder and frustrate in order to accuse of incompetence. That's what's happening and that's what it looks like.

It seeks to rule in opposition.

So what's the point of elections?

You win. We block your every move.

What about constructive opposition?

They got 11 million votes to PTP's 15 million.

2 trillion baht stimulus blocked but Abhisit and the Dems had their own 1.4 trillion baht stimulus (including a high speed train link, oh yes).

Was that opposed and dragged through the courts and with street demonstrations?

No.

What happened to that 1.4 trillion baht stimulus package?

Never discussed on these boards.

[trevor4]

I don't really care that much which side wins government

A review of your posting history says otherwise.

It would be as if MrSlatersParrot tried to make the same impartiality claim. Just not credible.

[fab4]

This guy is two sandwiches short of a picnic.

It is hilarious to read. Hang on, back in a minute, I need to stop laughing and gather my thoughts again.

That's better.

I thought I had heard everything, but this takes the biscuit. The constitutional court is the ONLY entity that can make this ruling. They are ruling on the legality of the amendments and the people who rammed it through to the stage it is in the hands of his majesty.

It is because the government and their paid of senators are trying to rewrite the constitution for their own ends. Once again, to bypass democracy and install dictatorship.

I love the way he is being so alarmist about it. Straight out of a children's fiction book.

Try reading this and then see if it so hilarious.

http://asiancorrespondent.com/113913/yingluck-and-the-submitting-of-the-charter-amendment-to-the-king/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+BangkokPundit+%28Bangkok+Pundit%29

and this

http://asiancorrespondent.com/113100/constitutiona-amendment-and-guardians-of-thai-democracy-part-1/

and this

http://asiancorrespondent.com/113107/guardian-of-thai-democracy-part-2/

It's easy to laugh at something you don't understand.

Edited November 20, 2013 by fab4

[fab4]

Cool, put everything on hold and call another election, and the loosing party should debate the government of the day to get the best results on issues for the country and it's people, but not as this current opposition dose and object to everything and anything regardless of the subject. I don't really care that much which side wins government , just stop crying cause you lost the election and try anything to bring it down any way you can.

just a thought

Here we have an opposition that exists solely to oppose and weaken.

A minority party that through threats and intimidation and running to the courts seeks to overturn every decision taken by the ruling party.

To hinder and frustrate in order to accuse of incompetence. That's what's happening and that's what it looks like.

It seeks to rule in opposition.

So what's the point of elections?

You win. We block your every move.

What about constructive opposition?

They got 11 million votes to PTP's 15 million.

2 trillion baht stimulus blocked but Abhisit and the Dems had their own 1.4 trillion baht stimulus (including a high speed train link, oh yes).

Was that opposed and dragged through the courts and with street demonstrations?

No.

What happened to that 1.4 trillion baht stimulus package?

Never discussed on these boards.

Believe me I've tried to discuss the 1.4 Trillion Baht Stimulus policy on this forum on a number of occasions. Once the "Dust Free Roads", part of that stimulus package is raised it all goes very quiet.

[bigbamboo]

I'm sure most posters have noticed that there never seems to be any agreement on what Thai laws actually mean. Even Thailand's intellectuals (both of them) can't agree so what hope is there for the rest of us. It seems they can be interpreted in so many ways there is little point in having them..... unless you are a lawyer.

They have more courts than Wimbledon but one seems to cancel out the other. No wonder the country is in a mess.

[trevor4]

Wow, they must be really worried at PT if they start rolling out the house trained academics.

Can imagine the profs side of the phone call.

"You want me to say what? Ok, how much do I get? No problem"

Lifelong-politician-but-now-"Professor" Ukrit and a benefactor meet

Somebody break the news to Thaksin's chum:

November 20, 2013 1:54 pm

The Constitutional Court ruled Wednesday that it has authority to review the petitions against charter amendments on senatorial elections and senators' qualification.

http://www.nationmul...e-30220116.html

[trevor4]

Sorry to the "academic" who forgot to teach his students it's wrong to illegally change what's written on legal documents:

November 20, 2013 1:59 pm

The Constitutional Court ruled that the process to amend the charter on senators' elections and qualifications had violated Article 291.

While the court was still reading its verdict, the early verdict stated that the draft submitted to the Parliamentary meeting was not the same as submitted by Udomdej Ratanasatien.

As a result, the court said the process was illegal.

http://www.nationmultimedia.com/breakingnews/Court-says-amendment-process-violates-Article-291-30220117.html

[Thait Spot]

Government bill ripped to shreds

Cheating, dishonesty, illegal document changes.......

[jdinasia]

Cool, put everything on hold and call another election, and the loosing party should debate the government of the day to get the best results on issues for the country and it's people, but not as this current opposition dose and object to everything and anything regardless of the subject. I don't really care that much which side wins government , just stop crying cause you lost the election and try anything to bring it down any way you can.

just a thought

Is it a thought? I get that you do not understand how government works here, and that the principles of democracy are not important to you but face it some thoughts are vacuous, some are vapid, and some rely on intellect, reason, and knowledge of history. (Try using the second set of characteristics when doing your mental gymnastics

[trevor4]

Thai court rejects government's bid to amend constitution in new blow to ruling party

Associated Press
Nov. 20, 2013

Thailand's beleaguered government, plagued by street protests over an ill-advised attempt to help ousted former Prime Minister Thaksin Shinawatra, faces a fresh challenge as Thailand's top court has rejected the ruling party's attempt to amend the constitution, dealing a political defeat to the government.

But, the constitutional Court's Wednesday ruling turned down a request from the government's opponents to dissolve the ruling party. The ruling follows another political setback to Prime Minister Yingluck Shinawatra's government

http://www.brandonsun.com/world/breaking-news/thai-court-rejects-governments-bid-to-amend-constitution-in-new-blow-to-ruling-party-232618611.html

[h90]

seems the good professor was wrong.

[Thaddeus]

Government bill ripped to shreds

Cheating, dishonesty, illegal document changes.......

Leopards, spots, etc

(not a ref to your user name btw)

Edited November 20, 2013 by Thaddeus

[SICHONSTEVE]

This guy is two sandwiches short of a picnic.

It is hilarious to read. Hang on, back in a minute, I need to stop laughing and gather my thoughts again.

That's better.

I thought I had heard everything, but this takes the biscuit. The constitutional court is the ONLY entity that can make this ruling. They are ruling on the legality of the amendments and the people who rammed it through to the stage it is in the hands of his majesty.

It is because the government and their paid of senators are trying to rewrite the constitution for their own ends. Once again, to bypass democracy and install dictatorship.

I love the way he is being so alarmist about it. Straight out of a children's fiction book.

Don't hurt his feelings!!