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Redshirts press charges against Constitutional Court for annulling election


webfact

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I am confused. Thought the Constitutional Court mades ruling on constitutionality of laws that are deemed compromised. Is holding an election breaking any law? Especially when it is royally endorsed. Is CC guilty of LM? Ah, the intricacy of skewed politics.

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I agree with holding elections. I do not believe they should be hindered. However if they are hindered and the constitution outlines that results from such an election must be nullified, then so be it. Don't defy the constitution or get angry at those who uphold it if that is what it actually says/prescribes.

However, anyone who purposely hindered the legal, democratic, constitutional election in order to nullify it must be brought to justice. All those found guilty should be fined for the damages they have caused; which is the total cost of another nation-wide election and all the court cases costs involved. And also if not put in prison, at least banned from politics for 5 years or life.

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" ...Termed "The National Complaint Day", the campaign encouraged the Redshirts to file charge of treason

and attempt to overthrow sovereign power of the Legislative Branch

under Article 113 of the Criminal Codes against the 6 majority Constitutional Court judges who ruled in the election verdict... "

SOVEREIGNTY.

The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. Sec. 207.

2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation.

3. When analysed, sovereignty is naturally divided into three great powers;

namely, the legislative, the executive, and the judiciary;

the first is the power to make new laws, and to correct and repeal the old;

the second is the power to execute the laws both at home and abroad;

and

the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.

Te obvious point being that sovereign power devolves into ALL THREE

and each answerable to the other through their Differing POWERS of function.

So the Legislative has no sovereign power if not

used in delegation legally with The People.

used in concert with the other 2 branches,and their independent functions with in soverignty.

And under the constitutional framework The People have decide to implement.

They should in the big picture direct their complaints to not at the protestors,

nor the courts making a verdict on if the Executive branch has done it's job.

In this case, the Executive did not for what ever reasons successfully fulfil

'it's mandate to run an election country wide in one day.' Even with the aide of early voting days.

It's not like other nations do NOT have protestors on election days, nor violence,

but it seems Thailands executive did a particularly bad job of keeping order to run the election,

in spite pf truck loads of talk that they would.

In the end they did not and the Court ruled it was insufficient in fulfilling

it's sovereign duty as the executive.

.

But, but, but... Thaksin and the Reds have two of the three (executive and legislative) in their pocket. That's 2 out of three, so they overrule the judiciary. That's democracy right? 2 to 1 = we win. /sarc

Ah but there's the rub, while Thaksins minions have been TRYING to get control of the Senate

and the Judiciary, so far they haven't, and each time they try and pretend they can ignore

the other branches that they don't control, who pops up and cries foul?

Why it is THE PEOPLE,

from which all the interactive powers of the 3 branches of sovereign endowed power devolve.

That is the point of the protests, one non-sovereign power; meaning Thaksin and his money and minions,

are trying to wrest sovereign power from The PEOPLE, through their 3 pronged political machine.

The fact that a segment of the people DID prevent them from retaking the legislative via machine politics,

and simultaneously hobbled the executive from continuing to take 'the common wealth' without over-sight,

and prevented them from taking the senate by changing the laws to allow the machine to take control,

via several rulings by the courts, proving their legislative attempts to wrest power were not constitutional,

are an indication that the 'tri-partate sovereign system' is still able to function on some level,

no matter how much evil is applied to subjugate it to the will of an angry mono-maniac.

We all want a vote for 'The People', but it MUST be one that actually reflects the true sovereign will of ALL the people, not just some who are manipulated in both the information they hear and intimidated by their local leaders and bought off with various incentives in a Ponzi Scheme of political manipulation. That isn't Democracy being exercised to create a sovereign will, that is machine politics at it's very worst.

Thaksin learned to 'harness the people' to create his electoral majority... But that by no means is them throwing off their shackles and entering the light. Just trading one set of shackles for another and then believing they are free, just because the carrot on the stick is held closer to their face and they've been given a nibble...

"Why it is THE PEOPLE,

from which all the interactive powers of the 3 branches of sovereign endowed power devolve."

If half the Senate is appointed, then how does power devolve to the people.

As things stand now, it is impossible for the judges to be impeached without the support of at least some of the appointed senators, who in turn need the judiciary to get their appointments (look at the makeup of the Senate selection committee).

This means that now the judiciary is effectively a law unto itself, with free rein to do absurd things such as create a situation where anyone can legally get an election annulled simply by a few acts of election day thuggery.

Of course, they vigorously resist any attempts to give true power to the people, which is why they were so opposed to the attempt to undo the work of the coup-mongers and revert to a fully elected Senate. Among other things, this would have opened up real avenues for the judges to be impeached. Am I the only person who sees the conflict of interest here?

"Thaksin learned to 'harness the people' to create his electoral majority... But that by no means is them throwing off their shackles and entering the light. Just trading one set of shackles for another and then believing they are free, just because the carrot on the stick is held closer to their face and they've been given a nibble..."

I think giving people a nibble is a step up from giving them nothing.

Sent from my IS11T using Thaivisa Connect Thailand mobile app

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For me the part that stands out the most is they neglected to mention that of the 20 million voters they quoted 12 million were NO-Votes or spoiled and only 8 million actually supported a candidate and of those 8 million it would be wrong to assume they were all for PTP

That photo just says it all - the face of red Thaksin Democracy at work - maybe the 1 finger salute means they all got 1000 baht each for being there

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" ...Termed "The National Complaint Day", the campaign encouraged the Redshirts to file charge of treason

and attempt to overthrow sovereign power of the Legislative Branch

under Article 113 of the Criminal Codes against the 6 majority Constitutional Court judges who ruled in the election verdict... "

SOVEREIGNTY.

The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. Sec. 207.

2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation.

3. When analysed, sovereignty is naturally divided into three great powers;

namely, the legislative, the executive, and the judiciary;

the first is the power to make new laws, and to correct and repeal the old;

the second is the power to execute the laws both at home and abroad;

and

the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.

Te obvious point being that sovereign power devolves into ALL THREE

and each answerable to the other through their Differing POWERS of function.

So the Legislative has no sovereign power if not

used in delegation legally with The People.

used in concert with the other 2 branches,and their independent functions with in soverignty.

And under the constitutional framework The People have decide to implement.

They should in the big picture direct their complaints to not at the protestors,

nor the courts making a verdict on if the Executive branch has done it's job.

In this case, the Executive did not for what ever reasons successfully fulfil

'it's mandate to run an election country wide in one day.' Even with the aide of early voting days.

It's not like other nations do NOT have protestors on election days, nor violence,

but it seems Thailands executive did a particularly bad job of keeping order to run the election,

in spite pf truck loads of talk that they would.

In the end they did not and the Court ruled it was insufficient in fulfilling

it's sovereign duty as the executive.

.

"They should in the big picture direct their complaints to not at the protestors, nor the courts making a verdict on if the Executive branch has done it's job. In this case, the Executive did not for what ever reasons successfully fulfil 'it's mandate to run an election country wide in one day."

A very nice academic discussion but no connection with reality. The Government (or "Executive" as you call it) did fullfil its responsibility to schedule Country-wide elections on Feb. 2nd after being delayed by EC's complaint to the Constitutional Court that it was not capable of of meeting the 60-day deadline to hold new elections AS REQUIRED BY THE CONSTITUTION. Elections should have been held prior to Dec. 2013 but because the Constitutional Court accepted to hear EC's compliant, the Court violated the Constitution by rendering a decision after the mandated deadline. That decision was that both the EC and Government had to agree to a scheduled date and that contrary to EC's position that the Government had to issue a royal decree for an election date, no such decree was required as per the Government's position. The country-wide election was then held on Feb. 2nd with advanced voting that is also contrary to the Constitution Court's later ruling that the country-wide election must all be held on the same day.

The Government has no control over the CAPO and the EC to secure election poll stations. When the PDRC announced that it would blockade candidate registration stations so election could not be held, the Government requested the EC provide alternate stations; the EC REFUSED sayting that was unconstitutional to use stations not offically designated but during the registration period EC did in fact provide some alternate registration places IN VIOLATION OF WHAT THE EC WAS CONSTITUTIONAL. Then in response Suthep's announcement that the PDRC will blockade polls to keep people from voting on Feb. 2nd, the Government requested that the EC and police coordinate to guarantee the people's right to vote. The EC and police subsequently FAILED THEIR RESPONSIBILITY to keep 10% of the polls open.

The Government did everything within its AUTHORITY to hold elections in accordance to the constitution repeatedly. Blame must nullification of the Feb. 2nd lies solely with the PDRC, the police, and EC.

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Is the flipping of the bird the new red shirt salute now the Jatuporn has been passed the conch?

Or is it a gesture towards the CC?

Either way I don't see any court in the land telling the constitution court how to interpret the constitution. Some people will pick up a legal bill for failure

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

"I don't see any court in the land telling the constitution court how to interpret the constitution", maybe not, but it is not the interpretation that is being challenged. It is how that interpretation was made. The courts are now in a very difficult position.If they refuse to accept the charges, they will be perceived as being against the people and that would undermine public confidence in the judicial system upon which it relies for its legitimacy.

The Constitutional Court might have a way out of the mess they created by referring its decision back to itself for review. If done quickly enough, that would also avoid the need for another court to consider criminal charges against members of the Constitutional Court. Will it happen? I don't know. Nor do I know if the result will be any different even if it did happen.

As much as I'd like the Constitutional Court be held accountable to a decision that violates the constitution and disrespects the will of millions of voters, I don't see how the police have the authority to bring charges against the court. I think such charges would have to come throught the Democrat-dominated Senate. Yes I know Senators are supposed to be party nuetral but the unelected senators and court judges were selected by the Democrat party when it who also controlled the House.

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For me the part that stands out the most is they neglected to mention that of the 20 million voters they quoted 12 million were NO-Votes or spoiled and only 8 million actually supported a candidate and of those 8 million it would be wrong to assume they were all for PTP

That photo just says it all - the face of red Thaksin Democracy at work - maybe the 1 finger salute means they all got 1000 baht each for being there

Can you provide a reference for the voting results? I haven't heard of anything other than speculation.

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"I don't see any court in the land telling the constitution court how to interpret the constitution", maybe not, but it is not the interpretation that is being challenged. It is how that interpretation was made. The courts are now in a very difficult position.If they refuse to accept the charges, they will be perceived as being against the people and that would undermine public confidence in the judicial system upon which it relies for its legitimacy.

The Constitutional Court might have a way out of the mess they created by referring its decision back to itself for review. If done quickly enough, that would also avoid the need for another court to consider criminal charges against members of the Constitutional Court. Will it happen? I don't know. Nor do I know if the result will be any different even if it did happen.

As much as I'd like the Constitutional Court be held accountable to a decision that violates the constitution and disrespects the will of millions of voters, I don't see how the police have the authority to bring charges against the court. I think such charges would have to come throught the Democrat-dominated Senate. Yes I know Senators are supposed to be party nuetral but the unelected senators and court judges were selected by the Democrat party when it who also controlled the House.

Yes I know the Senators are supposed to be party neutral, that's why the Bangkok Post has a nice article on the alliances of all senators with a picture showing red, white and blue camps.

It would seem a former Pheu Thai MP said it wasn't unusual for Senators to have alliances with MPs and that he found some comfort in seeing at least 40 new senators seemed in the Pheu Thai camp.

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PDCR really doesn't need to do anything. Just let degenerates perform their stunts with brownish matter and hygienic towels. Just look at all those old fellas and ladies and their gestures. How classic. Some idiots told them it's cool to act like that. All they do is bring the shame onto the movement, their families and themselves.

That is also my feelings. One look at the photo and it told the caliber of the protestors. Uneducated.

The only way to get through to them is to mention that the government stole enough money on the rice scam to give each one of them over 60,000 baht. They would react differently to that. The reaction would probably be the same only the recipient of it would be the Government and the lying red shirt leaders.clap2.gif

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

" ...Termed "The National Complaint Day", the campaign encouraged the Redshirts to file charge of treason

and attempt to overthrow sovereign power of the Legislative Branch

under Article 113 of the Criminal Codes against the 6 majority Constitutional Court judges who ruled in the election verdict... "

SOVEREIGNTY.

The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. Sec. 207.

2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation.

3. When analysed, sovereignty is naturally divided into three great powers;

namely, the legislative, the executive, and the judiciary;

the first is the power to make new laws, and to correct and repeal the old;

the second is the power to execute the laws both at home and abroad;

and

the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.

Te obvious point being that sovereign power devolves into ALL THREE

and each answerable to the other through their Differing POWERS of function.

So the Legislative has no sovereign power if not

used in delegation legally with The People.

used in concert with the other 2 branches,and their independent functions with in soverignty.

And under the constitutional framework The People have decide to implement.

They should in the big picture direct their complaints to not at the protestors,

nor the courts making a verdict on if the Executive branch has done it's job.

In this case, the Executive did not for what ever reasons successfully fulfil

'it's mandate to run an election country wide in one day.' Even with the aide of early voting days.

It's not like other nations do NOT have protestors on election days, nor violence,

but it seems Thailands executive did a particularly bad job of keeping order to run the election,

in spite pf truck loads of talk that they would.

In the end they did not and the Court ruled it was insufficient in fulfilling

it's sovereign duty as the executive.

.

"They should in the big picture direct their complaints to not at the protestors, nor the courts making a verdict on if the Executive branch has done it's job. In this case, the Executive did not for what ever reasons successfully fulfil 'it's mandate to run an election country wide in one day."

A very nice academic discussion but no connection with reality. The Government (or "Executive" as you call it) did fullfil its responsibility to schedule Country-wide elections on Feb. 2nd after being delayed by EC's complaint to the Constitutional Court that it was not capable of of meeting the 60-day deadline to hold new elections AS REQUIRED BY THE CONSTITUTION. Elections should have been held prior to Dec. 2013 but because the Constitutional Court accepted to hear EC's compliant, the Court violated the Constitution by rendering a decision after the mandated deadline. That decision was that both the EC and Government had to agree to a scheduled date and that contrary to EC's position that the Government had to issue a royal decree for an election date, no such decree was required as per the Government's position. The country-wide election was then held on Feb. 2nd with advanced voting that is also contrary to the Constitution Court's later ruling that the country-wide election must all be held on the same day.

The Government has no control over the CAPO and the EC to secure election poll stations. When the PDRC announced that it would blockade candidate registration stations so election could not be held, the Government requested the EC provide alternate stations; the EC REFUSED sayting that was unconstitutional to use stations not offically designated but during the registration period EC did in fact provide some alternate registration places IN VIOLATION OF WHAT THE EC WAS CONSTITUTIONAL. Then in response Suthep's announcement that the PDRC will blockade polls to keep people from voting on Feb. 2nd, the Government requested that the EC and police coordinate to guarantee the people's right to vote. The EC and police subsequently FAILED THEIR RESPONSIBILITY to keep 10% of the polls open.

The Government did everything within its AUTHORITY to hold elections in accordance to the constitution repeatedly. Blame must nullification of the Feb. 2nd lies solely with the PDRC, the police, and EC.

Kindly explain to me what the problem is. I am standing back and looking at the whole situation. I see no other course of action. There was not enough seats filled to form a house. The reason for this can be blamed on many different people. The Dem's for not running the EC for holding the elections when they knew it would not answer any thing just cause more problems and the PTP for knowing this and still insisting on cheating the farmers out of over 3 billion baht so they could further complicate things.

Also the anti government protestors who urged people not to vote and in some cases made it imposable to vote.

The whole thing is a mess There is no if's and's or but's about it the government is corrupt and ignoring the needs of the people. Yet they insist on a vote to insure them that it is OK. Had they got the vote and won which I think they would it would just have been a rubber stamp on the OK for their corruption. Had they got the vote and lost they would have just turned their slavering red shirt thugs loose again.

There lack of morals is the reason they keep that pack of hounds.

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NO matter who else did or didn't do their job, the government is supposed to run the election with in a constitutional framework, it did not, for reasons of ineptness, and basically lack of respect from other governmental bodies, lack of respect brought on by their own illegitimate actions while in office. If they did not figure out how to pull off the election that is still their job not getting done and the Constitution Courts job is to rule if it was or not. If not then the election was not done and must be done again properly, by someone.

This is the second time in a decade that Thaksins and or his proxies have brought the country low into this SAME mess, in the same way. Arrogance in the face of any who disagree with the Liege Lords decisions. A sign of insanity is doing the same thing proven to give a result and expecting a different answer just because you want one.

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A classic..clap2.gifclap2.gifclap2.gifclap2.gifclap2.gif

800x600x13963399221396340535l.jpg.pagesp

Classy!!

Ah yes, the international hand signal for "welcome". 'Should go on a tourist brochure! 'Just look at all those friendly, welcoming, enthusiastic, emm, err, uh, ..... sa-miles...

Edited by hawker9000
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I see the new redshirt leadership is bring out their 25 most educated supporters.

13963399221396340535l.jpg

That's some intellectual firepower right there.

Yes, but look to the middle fingers:

"We <deleted> ourselves"

They know how to stimulate their brain. First step for development

Second step - Insert middle digit into either nostril and change mind manually. smile.png

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

I see the new redshirt leadership is bring out their 25 most educated supporters.

13963399221396340535l.jpg

That's some intellectual firepower right there.

Yes, but look to the middle fingers:

"We <deleted> ourselves"

They know how to stimulate their brain. First step for development

Second step - Insert middle digit into either nostril and change mind manually. smile.png

Maybe that's actually the step that preceded this one (and they're proudly displaying proof for the camera).

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Idiots ! PT were told the election was problematic and would not be possible but Thaksin is so hell bent on having them back in power to push his amnesty through and the rest of them are desperate to get back in so they can claim diplomatic immunity against the plethora of forthcoming charges against them. How can so many red shirted idiots be so stupid that they can't understand what Thaksin and co. are doing to this country ?! The mind truly boggles....Any election under the thumb of Thaksin and his corrupt electoral fraud committing cronies is a total waste of time and not democracy at all.

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Some have said the Reds are just a bunch of uneducated rural losers - or something to that effect - and I have always resisted the temptation to look at them that way. I will still try to see them from a more humane perspective, and I hope the bunch of uncultured morons in this picture is but just the minority and, crass as they may be, I hope the general red-shirt population has a little more grace than this. Oh and I'm not a red sympathiser, thank you.

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PDCR really doesn't need to do anything. Just let degenerates perform their stunts with brownish matter and hygienic towels. Just look at all those old fellas and ladies and their gestures. How classic. Some idiots told them it's cool to act like that. All they do is bring the shame onto the movement, their families and themselves.

I would venture to say you have never been to the north or northeast of Thailand in your life. You must have spent you time in phuget or pataya.

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PDCR really doesn't need to do anything. Just let degenerates perform their stunts with brownish matter and hygienic towels. Just look at all those old fellas and ladies and their gestures. How classic. Some idiots told them it's cool to act like that. All they do is bring the shame onto the movement, their families and themselves.

I would venture to say you have never been to the north or northeast of Thailand in your life. You must have spent you time in phuget or pataya.

Don't know about Mackie but I have never been to Pataya or Phuket and spent my first 4 years in Thailand in Chiang Rai and the last five in Chiang Mai. Can tell you now, the people who matter, the Thai people, are turning against these red shirted thugs in droves. They are sick of their evil ways and soon will chase them from their towns like the rats they are.

My most vivid memory of the Thai Rouge in action was in 2010 in Chiang Mai when they blockaded the Nawarat Bridge with stacks of burning tires and smashed the Bangkok Bank ATM in Thapae Road.

Have despised this evil organization ever since, simply because of the look of terror in the faces of the bank staff who ran from that bank that day.

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When The people keep having their vote disrespected, voting and wining, and after have the Yellow steal the government either by force, (coup) at gun point,

or judicial then yu'p people will get angry regardless of political persuasion.

Sometimes Flipping the bird at a situation is just the right thing to do. It is a fact that Suthep did call on his minions to prevent by any means not to allow people to vote, That is illegal, FACT, Why is he not locked up??? and that he now seems to have complete impunity, and dose not have to face court while the Suthep supporters keep screeching YL must face court and she has,

YL didn't face court, she showed her face at the NACC. But don't worry, soon enough she will have to face court and I hope every other corrupt politician to. From what ever party he or she is from.

Sent from my iPad using Thaivisa Connect Thailand mobile app

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Democracy is a word they have no comprehension of. Democracy envelopes the right to free speech. This is one thing the reds do not allow. Singers cannot perform in their areas due to preconcieved belief that they support the other lot. Any one disagreeing will feel the wrath by either bullet, grenade or beating. For those of you who will scoff at this just take the time out to ask the monk. SORRY he was supposed to be FAKE. It is democracy for the reds providing you agree with their ideals. Having said that i guess you could say both parties have a lot to be answered for but non-violent seems to be the order for the PDRC. Only wished i could say the same for the UDD.

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