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Lose the branches of power, lose the nation: Thai politics


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BURNING ISSUE
Lose the branches of power, lose the nation

ATTAYUTH BOOTSRIPOOM
THE NATION

BANGKOK: -- THE COUNTRY is spiralling towards a vacuum of the three branches - legislative, executive and judiciary - as it struggles under a prolonged political conflict with no end in sight.

The two rival political camps have exhausted all tactics in claiming victory over each other - from fighting fierce legal battles to lobbying for world community support, to mobilising mega-rallies in a show of force, as the political struggle intensifies.

The government camp has protested against the court's nullification of the February 2 election. The anti-government group has been trying to drag the country into a political vacuum in order to appoint a PM under Articles 3 and 7 of the Constitution. Legal experts from both rival camps are interpreting laws to benefit their side.

At issue in these interpretations is whether former Senate speaker Nikom Wairatpanij or his deputy Surachai Liengboonlertchai would get to nominate the new PM for royal endorsement if caretaker PM Yingluck Shinawatra is suspended or removed from duty.

Nikom, who is also acting Parliament President, was suspended from duty after the National Anti-Corruption Commission (NACC) voted last month to indict him over alleged violation of the Constitution while chairing parliamentary meetings to deliberate a charter-amendment bill on the Senate's composition.

Without the House of Representatives, some legal experts believe Surachai, who has close ties with the anti-government Group of 40 Senators, should nominate the PM. But the government camp has argued that Surachai, by position, is not legally qualified to carry out this job.

While the anti-government's mission of dragging the country into a political vacuum has almost become a reality, the government has made a last-ditch attempt to stop the move by blocking the Senate from carrying out its duty - in other words putting Parliament in a vacuum.

The Senate had earlier called for a special parliamentary session to carry out three tasks - consider impeaching Nikom, appoint Supreme Administrative Court specialists and replace NACC member Jaided Pornchaiya, who has retired. If the country had not been deeply divided, the Senate should have been allowed to do these tasks. But the government chose to ask the Council of State to rule whether Parliament should be reconvened and it got the answer it wanted - no.

The council cited that calling a special parliamentary session is the duty of the Parliament President and that the deputy Senate Speaker is not authorised to do this job. So the caretaker PM is unlikely to issue a Royal Decree calling for a special session.

This means Parliament appears to be in a vacuum because the country |will not have a new Senate Speaker |as long as a House session is not convened. It therefore seems the government has been able to block the anti-government group from appointing a "neutral" PM through the Senate.

The country, however, will likely suffer the consequences of not having Parliament to appoint or impeach independent agencies, judges and political office holders or even declaring war. It looks like the country has lost the both houses of Parliament and the government is also heading towards a vacuum pending the Constitutional Court's ruling.

The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

The day the country completely loses its three branches of power to a vacuum, will definitely mark our demise.

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-- The Nation 2014-04-10

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

What's trumped up?

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

When it comes to these courts...

What's not?

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

So your asking for a country that has no law

I thought thats what we are trying to stop

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"Helter Skelter" can be expected at every level of society when little or NO RULE OF LAW exists. How can anyone think it could be different.

Unfortunately I have been told that "Thailand" means "free men" and that Thais embrace the mentality that they can do ANYTHING they want as a result.

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

What's trumped up?

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

Break the law and have to face the consequences

The charges must have been trumped up

we can not break the law we are the government

we have a mandate by our fans to run this country as we feel fit

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Funny use of the word 'neutral' in this article, placed as it should be in quotes. Neutrality is hard to find these days in Thailand. The courts are packed, the government too, and the Senate. The article fails to mention the fourth branch of govt here, the military, which has remained surprisingly neutral. The situation belongs in a vacuum, as neither side can win under any foreseeable path, government remaining in power or being thrown out by Suthep and Co. So eventually, and in the best interest of Thailand, the so-called reform is needed, but not in the way the Democrat Party elites would like. True reform is needed, eliminating the feudalist nature of society, increasing transparency, reducing corruption. I don't know how that can happen, but it is what needs to happen, to eliminate the power of Big Men, on both sides.

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Into the vacuum steps a civil war, to do so you need to prove to enough people that the courts are biased. This you can do to a few million Isarn folk, though funding it all would become expensive if the Shinawatra's money spigot is turned off now that they no longer have their paws on the national treasury. However, I believe most the country sits in the middle and can make their own judgments whether the entire system needs violently overthrowing.

These court rulings might be conveniently ruled to the letter of the law but they are not unrealistic. You cannot say truthfully that Yingluck is not a proxy of a fugitive criminal and that the appointment of Damapong was not at all nepotistic and that the rice scheme hasn't lost billions and needs auditing and disciplinary action taken. You cannot deny the amnesty bill process was cheated and can be described as self-serving side-stepping of the law, and you cannot say the 2 trillion baht loan isn't a diversion of the usual budgetary process. You cannot say that there was no flaw and deliberate cheating in the senate bill, nor that it wasn't a very fair bill because it's not based on election by proportional representation. Of course, no one on those red radio stations and stages will agree one iota with any of these aforementioned truths.

The courts might well be biased but their rulings are not unrealistic or absurd (except the cooking ruling on Samak granted).

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

What's trumped up?

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

When it comes to these courts...

What's not?

pathetic response

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

The courts administer the law they do not make the law. Their interpretation of the words that are written which are the law (to express the intention of parliament which makes the law) may not always match the intention. That is the failure of the people codifying the law and parliament can then amend the law to bring it more into line with the intention. In this way the courts can 'tone down' laws and delay for a short time, stupid laws from having full force.

Thai language is really not terribly well suited to clarity, or so it seems to me. Thais never get straight to the point, they take every twist and turn to hide their real intention. This is the way the Thai language has evolved and often Thais misunderstand each other because the meanings of words can be wide.

When this weaves itself into law it leaves wide interpretation. Thais use this regularly to promote their agendas whether it be interpretation of work permits, the building code or whatever. Of course this is a great benefit to the corrupt.

Add to that the fact that some in the judiciary are open to corruption as well, and the result is not a very effective justice system, even less so with the corruption that is the police force. Corruption is everywhere through everything so is it surprising that this impasse that has arisen?

So many people belong impeached by the NACC, so it seems to be doing at least part of its job because can any one here think the people involved are all squeaky clean. The NACC probably has a lot more work to do yet - on both sides of this political maelstrom.

A court is only as good as the quality of its judges.

The way these guys got their jobs is the root of the problem with the courts.

Fix the constitution, return the senate to the people and we are back on the path to a decent and respectable judiciary.

remind me.

How did Yingluck get her job?

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

So your asking for a country that has no law

I thought thats what we are trying to stop

I thought that is what we have always had here.

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A court is only as good as the quality of its judges.

The way these guys got their jobs is the root of the problem with the courts.

Fix the constitution, return the senate to the people and we are back on the path to a decent and respectable judiciary.

remind me.

How did Yingluck get her job?

I'll give you a clue, it didn't involve a military Junta. Does that help?

Another clue.

Ms. Yingluck had this MLKmoment and stepped to the Pheu Thai offices and said to want to serve the people. The executive committee of the 'thaksin thinks, pheu thai acts' party thought long and hard about it and after due consideration announced the same day "why no, we'll put you as number 1 on the party list".

The suggestion that Ms. Yingluck only got this position because of her golf caddy advisor is pure slander, allegedly that is.

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When the same judiciary modus operandi is being used again, people wake up to this form of corruption. Not only politics have been subvert by greying these branch of power; governace of the country is also impeded by continous court decisions like the infrastructure and water projects. The first reform must be directed at the judiciary as we need impartial courts. However we don't hear that from Suterp.

What infrastructure and water projects?

The superfast train to nowhere?

The let's-build-dams-&-flood-ways-wherever-we-like project?

These weren't cancelled, btw, the government was just told try and run them without bypassing the law.

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

So your asking for a country that has no law

I thought thats what we are trying to stop

No.

A country that has a court system that is independent and impartial and basis its decision on facts of law not on the whims of the elite is what many, many millions of Thais are asking for

What "we" (you and Suthep) are trying to stop is democracy and freedom.

You are suggesting that the Judges be selected by the "impartial" PTP. Thank you, but many millions of Thais are not that gullible, they are not stupid just not educated.

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

IMHO go back to Dubai. There awaits you fine plump cheeks to plant your lips

Marcusd. Via tapatalk

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The judiciary's power will also enter a vacuum if a major political camp dismisses its power citing discrimination and biased rulings.

A stand has to be made.

A nation cannot exist if the courts continually throw out elected governments on trumped up charges.

The courts are not the last bastion of hope, they are the last remaining stronghold of the anti-democrats.

It is in the courts that the reforms this country so desperately need must begin and the reform process begins with PTP not accepting anymore biased rulings against them.

​Those concerned about a power vacuum should be out campaigning for new elections to be held ASAP

So your asking for a country that has no law

I thought thats what we are trying to stop

No.

A country that has a court system that is independent and impartial and basis its decision on facts of law not on the whims of the elite is what many, many millions of Thais are asking for

What "we" (you and Suthep) are trying to stop is democracy and freedom.

would you give the keys of the empire to,these poor folks of little or no education Khun Thaksin or would you just pay them again to vote you in?

If you are not khun thaksin, don't worry. Thailand demise is your gain in a falling baht

Marcusd. Via tapatalk

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This article summarizes well what the Yingluck administration is trying to do by attempting to block the Senate from functioning. However, they will not have the last word. The Constitutional Court will. Those who support Pheu Thai are trying to maintain an argument that is a vacuum in and of itself. They are somehow trying to de-legitimize the judicial process. The words they choose are dangerous and have far-reaching implications. It is hard to imagine what the end game would look like if the administration of the day simply choose to ignore the highest constitutional court in the land. And yet, Pheu Thai supporters seem to be openly toying with the concept. One thing is for certain - we'll know very soon, because that unfortunately seems to be where we're headed. But if that were to happen - if the Yingluck administration actually choose to ignore a ruling of the Constitutional Court - international condemnation would be swift. Overnight. It would be a blanket condemnation. Make no mistake of it. And the backlash within the country would be enormous.

The army is obligated to protect the constitution and the judicial process, as well as judicial rulings, as are all Thais. All Thais are obligated to respect the constitution and the judicial process of checks and balances outlined in the constitution. Entertaining a dialogue that attempts to cast aspersions on the judicial process is profoundly dangerous. There is no place for it. Anywhere.

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Funny use of the word 'neutral' in this article, placed as it should be in quotes. Neutrality is hard to find these days in Thailand. The courts are packed, the government too, and the Senate. The article fails to mention the fourth branch of govt here, the military, which has remained surprisingly neutral. The situation belongs in a vacuum, as neither side can win under any foreseeable path, government remaining in power or being thrown out by Suthep and Co. So eventually, and in the best interest of Thailand, the so-called reform is needed, but not in the way the Democrat Party elites would like. True reform is needed, eliminating the feudalist nature of society, increasing transparency, reducing corruption. I don't know how that can happen, but it is what needs to happen, to eliminate the power of Big Men, on both sides.

agreed. And if suthep was just a nobody, why has he achieved all this? Stopping a crooked rotten corrupt pack,of liars from ribbing everyone blind and making corruption at higher rates the norm.

I think,Suthep is to be feared by the larger PTP and so far he has been right. Except for trying to,install himself as el supremo

Marcusd. Via tapatalk

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