Thai Govt reels under Constitutional Court blow

[webfact]

Govt reels under court blow
The Nation



Judges rule that charter change on senators will destroy checks and balance system

BANGKOK: -- THE VERDICT of the Constitutional Court yesterday striking down a charter amendment for an all-elected Senate has put the ruling Pheu Thai Party and coalition partners under huge pressure as their 312 lawmakers could be subject to legal action for misconduct in passing the bill.

To Pheu Thai Party's relief, the Yingluck Shinawatra government remains in power and still has a majority in the House, as the ruling imposed no sanctions. However, the coalition leader and its allies, the red-shirt movement, are on the defensive amid mounting calls by government opponents for Yingluck to resign.

Empowered by the ruling, anti-government groups and the opposition Democrat Party are ready to seek impeachment of the 312 lawmakers through the National Anti-Corruption Commission while some politicians want the prime minister to take responsibility for seeking royal endorsement.

The Constitution Court judges voted 5:4 that the content of the amendment - of having all senators elected - would violate the checks-and-balance principle, which is in violation of Article 68. They also ruled in a 6-3 vote that the amendment process was unconstitutional under various articles of the Constitution, including a glaring act caught on camera showing coalition MPs voting for the amendment using others' identification cards.

The Pheu Thai Party yesterday postponed to today a meeting scheduled for yesterday. The main item on the agenda is to devise tactics to fight the charter court ruling, said party legal adviser Kramol Bandaipetch. The tactics include calling for a joint parliamentary session to discuss the ruling, with coalition MPs and Pheu Thai-friendly senators voting to reject the ruling: the joint session would then pass Article 291, which would activate in future the entire charter amendment, in the third reading.

Outside Parliament, the red shirts plan to launch a signature campaign to impeach the entire nine-member charter-court quorum, and then file a malfeasance case against all of them, under Article 157 of the Criminal Code.

Appointed Senator Rosana Tositrakul, one of the four petitioners seeking the court review on the bill, said: "It is normal to hold the prime minister accountable after a court ruling striking down the bill."

Democrat MP and another petitioner, Wirat Kalayasiri, said he welcomed the verdict for setting a precedent against the domination of majority rule and the wrongful voting procedures. He said the outcome of the judicial review meant that the bill could not be enacted. He said he would cite the verdict as a basis for petitioning the NACC to suspend House Speaker Somsak Kiatsuranont and Senate Speaker Nikom Wairatpanij. Both chamber leaders had wrongfully supervised the legislative debate, leading to the wrongful casting of votes for the bill, he said.

Nikom later said he did not know what to do next. He said meeting regulations should be changed to prevent a Senate speaker from violating them by complying with demands from parliament members to end a session.

Senator and petitioner Somchai Sawaengkarn said the verdict had shed light on the functioning of checks and balances in a democracy.

After the live broadcast of the verdict, anti-government protesters, who had camped out in front of the court building, shouted with glee. They later dismantled their rally site before moving on to join the main rally at Democracy Monument.

A red-shirt leader, Nuttawut Saikuar, declared onstage at Ratchamongkol Stadium that a new round in the fight had just begun, saying that it was now a face-off between "democratic forces and forces outside the system". He called on red shirts nationwide to descend on Bangkok to fight, as they were ready to announce new measures to protect the elected Yingluck government.

Democrat MP Wirat Kalayasiri yesterday called for Yngluck's resignation, for seeking royal approval despite doubts about the constitutionality of the bill. As per law, the prime minister is bound to send a bill approved by the House within 20 days for royal endorsement.

Regarding the possible impeachment of the 312 MPs and senators who had voted in favour of the charter amendment bill, he said Senator Tuang Untachai had already petitioned to activate impeachment proceedings. Tuang's petition was submitted to the National Anti-Corruption Commission.

The Democrat MP said he expected the other two bills amending Articles 68 and 190 to also be rejected by the Constitutional Court.

Yellow-shirt People's Alliance for Democracy lawyer Suwat Apaisak said the government was being defeated on all fronts. He added that lawmakers who voted for the bill would be targeted to face criminal proceedings related to lapse of duty as per Article 157 of the Criminal Code.

Former Democrat MP Suthep Thaungsuban, who is leading the anti-government rally, said the protest would continue and protest leaders would not pursue the impeachment of the 312 MPs and senators. "Resignation or House dissolution is not a guarantee that the Thaksin regime is over for good," he added.

Interior Minister Charupong Ruangsuwan expressed his strong opposition to the Constitution Court's ruling. The Pheu Thai Party leader said he wondered how the upper house with elected members could be worse than a Senate with partially appointed members.

He said the court's verdict would widen the growing rift among the people as one faction agreed with power of the people while the other faction supported the power of a few persons.

Asked how the government would respond, Charupong said there was no discussion yet but the government would take responsibility for the majority or 63 million people, instead of the opinions of only a few persons.


-- The Nation 2013-11-21

[waza]

What will be the Thaksin proxy government next response be, seems they have been blocked at every move. Their heavy reliance on the mandate of the people and mass support of the redshirts to bulldoze the Thaksin agenda through, rather than an adherence to correct parliamentary procedure, has proven to be their downfall. However, they may be down but they are not out, the logical thing to do is lick their wounds then start performing as an efficient, responsible, people centred administration. They should put the Thaksin agenda on hold and work for the entire electorate, putting their concerns and welfare as a priority. This would not only regain their lost popularity but may increase it before the next election

Edited November 20, 2013 by waza

[Thainy Tim]

To Pheu Thai Party's relief, the Yingluck Shinawatra government remains in power and still has a majority in the House, as the ruling imposed no sanctions. However, the coalition leader and its allies, the red-shirt movement, are on the defensive amid mounting calls by government opponents for Yingluck to resign.

If Yingluk publicly stood up and declared on live TV that she and her brother have ordered and paid for the assassination of all opposition members of the parliamentary and senate, the red shirts would still approve and insist that she should never resign. Maybe a little far fetched but you get my drift. There is no right or wrong, there is no good or bad, there is only red and yellow.

Outside Parliament, the red shirts plan to launch a signature campaign to impeach the entire nine-member charter-court quorum, and then file a malfeasance case against all of them, under Article 157 of the Criminal Code.

Oh right, including the ones who voted that the amendments were legal? Lol... even basic thought processes are above these farmers.

A red-shirt leader, Nuttawut Saikuar, declared onstage at Ratchamongkol Stadium that a new round in the fight had just begun, saying that it was now a face-off between "democratic forces and forces outside the system". He called on red shirts nationwide to descend on Bangkok to fight, as they were ready to announce new measures to protect the elected Yingluck government.

Like the handful that came this week and promptly buggered off when the beer was gone.

[pgrahmm]

The goon squad is at it again.....constitution ? the h*ll with the constitution.......because we don't like it......................

Rules?...........what rules.................

Edited November 20, 2013 by pgrahmm

[Thainy Tim]

What will be the Thaksin proxy government next move, seems they have been blocked at every move. They may be down but they are not out, the logical thing to do is lick their wounds then start performing as an efficient, responsible, people centred administration. They should put the Thaksin agenda on hold and work for the entire electorate, putting their concerns and welfare as a priority. This would not only regain their lost popularity but may increase it before the next election

Yep...

But really, they should have done this as soon as they got into power, Thaksin may have seen a fighting chance had they proved that they were capable of running a country successfully.

However, the horse has bolted and there is no point in trying to shut the stable door. The damage is done and the people are on the street in force with one agenda.

[waza]

What will be the Thaksin proxy government next move, seems they have been blocked at every move. They may be down but they are not out, the logical thing to do is lick their wounds then start performing as an efficient, responsible, people centred administration. They should put the Thaksin agenda on hold and work for the entire electorate, putting their concerns and welfare as a priority. This would not only regain their lost popularity but may increase it before the next election

Yep...

But really, they should have done this as soon as they got into power, Thaksin may have seen a fighting chance had they proved that they were capable of running a country successfully.

However, the horse has bolted and there is no point in trying to shut the stable door. The damage is done and the people are on the street in force with one agenda.

I agree, if they hadn't cocked up their populist policies and bulldozed the Thaksin agenda at the expense of their support base they wouldn't be in this position. As I have said from the beginning you don't have to beat Thaksin you just have to give him enough rope and he will hang himself, "slowly and steady win the race", but Thaksin is like "a bull in a china shop" who doesn't know the meaning of the word "lose".

Edited November 20, 2013 by waza

[rametindallas]

What will be the Thaksin proxy government next response be, seems they have been blocked at every move. Their heavy reliance on the mandate of the people and mass support of the redshirts to bulldoze the Thaksin agenda through, rather than an adherence to correct parliamentary procedure, has proven to be their downfall. However, they may be down but they are not out, the logical thing to do is lick their wounds then start performing as an efficient, responsible, people centred administration. They should put the Thaksin agenda on hold and work for the entire electorate, putting their concerns and welfare as a priority. This would not only regain their lost popularity but may increase it before the next election

All this government needs to accomplish is to stay in office until the 180 days the 'blanket' amnesty is in Limbo and then they can return Dr. Thaksin to push through his agendas personally. Unless this government is replaced, even by another Thaksin government, the 'blanket' amnesty will forgive 25,000 sins and return the Boss to power with a 50% +1 vote.

[whybother]

I don't really get that the MPs that voted for this could be banned.

The would have thought, in a checks and balances system, that one group would try to do something, and another checks to see whether it is valid. If it is not valid, it gets struck down. Move on.

Being banned for not following proper procedures, or for voting for someone else, I can fully understand.

If you get banned for just voting on something, then nothing will get voted on, just in case it's the wrong decision. It becomes like self censorship.

[robblok]

I don't really get that the MPs that voted for this could be banned.  

 

The would have thought, in a checks and balances system, that one group would try to do something, and another checks to see whether it is valid.  If it is not valid, it gets struck down.  Move on.

 

Being banned for not following proper procedures, or for voting for someone else, I can fully understand.

 

If you get banned for just voting on something, then nothing will get voted on, just in case it's the wrong decision.  It becomes like self censorship.

 

 

Agree with this with on exception if they vote on something so obviously clear it goes against the constitution and is so wrong. Not in this case though but if they were to vote on criminal things or obvious corrupt things.

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[Baerboxer]

One thing that seems odd. Coalition MPs are caught on video illegally using colleagues ID cards and voting "on their behalf". The speakers refused to allow opposition speakers time to debate the bills.

Yet 3 judges still think the process was legal?

If the government and its parliamentary and senate supporters declare they will not accept the court ruling, then anarchy will follow.

Cheating to get the 2.2 trillion bill through, cheating but failing to get the whitewash bill through, cheating to try and get the charter amendment bill through. So don't follow the rules, ignore the law and cheat - its o.k. as long as you win. If you get caught, don't worry, ignore it and try again, but be more deceitful next time. Now, whose modus operandi does that sound like.

PTP will follow instructions and cling on to power as long as they can, by any means, especially now the 2.2 trillion is nearer their grasp.

In any real democracy, a PM suffering such embarrassing defeats and exhibiting such behaviour would resign and a general election would follow. Here, it back to the drawing board and let's start scheming again!

[tingtongteesood]

The government has shown their true colours again and again, only in amazing Thailand can they still hang on to the seat of power. What else do you need to see how rubbish they are ? Yingluck ok bai, PT OK BAi rew rew !!

[bigbamboo]

One thing that seems odd. Coalition MPs are caught on video illegally using colleagues ID cards and voting "on their behalf". The speakers refused to allow opposition speakers time to debate the bills.

Yet 3 judges still think the process was legal?

If the government and its parliamentary and senate supporters declare they will not accept the court ruling, then anarchy will follow.

Cheating to get the 2.2 trillion bill through, cheating but failing to get the whitewash bill through, cheating to try and get the charter amendment bill through. So don't follow the rules, ignore the law and cheat - its o.k. as long as you win. If you get caught, don't worry, ignore it and try again, but be more deceitful next time. Now, whose modus operandi does that sound like.

PTP will follow instructions and cling on to power as long as they can, by any means, especially now the 2.2 trillion is nearer their grasp.

In any real democracy, a PM suffering such embarrassing defeats and exhibiting such behaviour would resign and a general election would follow. Here, it back to the drawing board and let's start scheming again!

Any real PM would.

[Spare]

In almost all country, the majority are ruled by the minority. What is wrong with that?

In the lower house, half of the MPs should also be selected for check and balance purposes.

It is a fact that the elite (rich and powerful) can run the country better that representative from the poor people (because poor farmers can be easily bought by as little as 50 Baht each)

[GrantSmith]

One thing that seems odd. Coalition MPs are caught on video illegally using colleagues ID cards and voting "on their behalf". The speakers refused to allow opposition speakers time to debate the bills.

Yet 3 judges still think the process was legal?

If the government and its parliamentary and senate supporters declare they will not accept the court ruling, then anarchy will follow.

Cheating to get the 2.2 trillion bill through, cheating but failing to get the whitewash bill through, cheating to try and get the charter amendment bill through. So don't follow the rules, ignore the law and cheat - its o.k. as long as you win. If you get caught, don't worry, ignore it and try again, but be more deceitful next time. Now, whose modus operandi does that sound like.

PTP will follow instructions and cling on to power as long as they can, by any means, especially now the 2.2 trillion is nearer their grasp.

In any real democracy, a PM suffering such embarrassing defeats and exhibiting such behaviour would resign and a general election would follow. Here, it back to the drawing board and let's start scheming again!

You don't believe that the 2.2 trillion loan bill won't go the same way as yesterday's ruling?

The Constitutional Court is going to be busy for the next couple of weeks...

[Spare]

For your info, the bulk of the selected senators are rich highly educated elite CHINESE (mostly supporting the yellow PAD). The bulk of the elected senators are Thaksin cronies.

[indyuk]

One thing that seems odd. Coalition MPs are caught on video illegally using colleagues ID cards and voting "on their behalf". The speakers refused to allow opposition speakers time to debate the bills.

Yet 3 judges still think the process was legal?

If the government and its parliamentary and senate supporters declare they will not accept the court ruling, then anarchy will follow.

Cheating to get the 2.2 trillion bill through, cheating but failing to get the whitewash bill through, cheating to try and get the charter amendment bill through. So don't follow the rules, ignore the law and cheat - its o.k. as long as you win. If you get caught, don't worry, ignore it and try again, but be more deceitful next time. Now, whose modus operandi does that sound like.

PTP will follow instructions and cling on to power as long as they can, by any means, especially now the 2.2 trillion is nearer their grasp.

In any real democracy, a PM suffering such embarrassing defeats and exhibiting such behaviour would resign and a general election would follow. Here, it back to the drawing board and let's start scheming again

PM Yingluck must fight on. The verdict underlines the fact that the constitution is floored.

[thaicbr]

For your info, the bulk of the selected senators are rich highly educated elite CHINESE (mostly supporting the yellow PAD). The bulk of the elected senators are Thaksin cronies.

Have you even LOOKED at the Senate website. It details the Senators in ....... Detail Complete with contact addresses (unlike the Parliament website). http://thai.senate.go.th/in/english/member.php

I think your barking up the wrong tree here. And of course the selected senaters are highly educated thats kinda the point.

You don't really want the village idiot in the upper house.especially after they got him out of the lower house.... DO YOU?????