Ball in charter court over special session: Thai report

[webfact]

SPECIAL REPORT
Ball in charter court over special session
SOMROUTAI SAPSOMBOON,
TANATPONG KONGSAI
THE NATION

BANGKOK: -- THE CONSTITUTIONAL Court may be asked to rule on the dispute between the government and the Senate over the opening of a special parliamentary session, after the Council of State suggested that the Cabinet does not have the authority to call a special session for the Senate to impeach officials.

First Deputy Senate Speaker Surachai Liengboonlertchai said yesterday that it was now uncertain if the Senate could call a meeting on April 18 as it had planned.

If the Cabinet agreed with the legal adviser's opinion and insisted on not holding the meeting, the Senate may turn to the Constitutional Court for a clarification of the issue.

The Senate early this month asked caretaker Prime Minister Yingluck Shinawatra to issue a Royal Decree for a special parliamentary session on April 18 to act on three important agenda items.

They are: consider the impeachment of former Senate Speaker Nikom Wairatpanij on the charge of unlawfully chairing the parliamentary session amending the charter's provisions on the make-up of the Senate; endorse a National Anti-Corruption Commission member to replace Jaided Pornchaiya who has retired, and appoint Supreme Administrative Court specialists.

Under Article 132 of the Constitution, during a House recess, the Senate cannot hold a session unless there are pressing tasks such as the appointment of members to independent organisations.

The Senate's request was referred by the government to the Council of State, which on Friday resolved that the special parliamentary session cannot be called for the Senate to carry out these tasks.

Pichit Chuenban, a legal specialist for the Pheu Thai Party, said Article 132 did not specify how the Senate should go about holding a meeting if the House is in recess, so the law has to be interpreted strictly according to organic laws.

Senator Paiboon Nititawan claimed that the Thaksin administration had set a precedent back in 2006 when it dissolved the House and the Senate needed to appoint election commissioners.

At that time, Thaksin issued a Royal Decree for a special parliamentary session for the Senate on September 8, 2006. The Senate appointed replacements for EC members who were sentenced to prison for malfeasance in favouring the Thai Rak Thai Party.

Thaksin relied on Article 168 of the Constitution of 1997, which has the same content as Article 132 of the 2007 charter regarding calling a special parliamentary session when the House is in recess or is dissolved.

Government strategy

The government apparently wants to block the Senate from getting involved in the final round of the "political game" by rendering it unable to function.

This issue of not calling a special parliamentary session has nothing to do with the endorsement of new senators. Even if the EC endorses up to 95 per cent of the senators-elect, as long as less than 95 per cent of MPs are endorsed as required by the charter to open a House session, the Senate cannot call a working meeting.

If the government refuses the Senate's request to conduct a session, it is likely that the Constitutional Court will have to put the matter to rest. In the government's view, as long as there is no House session, a Senate session is not possible.


-- The Nation 2014-04-10

[WoopyDoo]

If the cabinet does not have the power to open a special session in the senate (and even if they did, they would refuse).

Then it MUST go to the constitutional court to make an interpretation of the constitution to decide whether to allow the session.

Without the session, democracy cannot advance, and so the court must allow it so that the nation can advance.

Without it, then there is a vacuum.

[Torkmada]

as there is no House session, a Senate session is not possible.

Simple and true.

Best to get on with elections quick smart.

Edited April 10, 2014 by Torkmada

[Chupup]

Round & Round & and Round we go where it stops nobody knows......................crasy...

[Robby nz]

There is also the appointment of a new member to the NACC, none other than Ms Supa Piyajitti who was the one who blew the whistle on the rice scheme losses.

The caretaker Govt and its controller will do everything possible to prevent her from taking up the post on the NACC.

[NongKhaiKid]

When are we all going to get it into our heads that there is a rule of law here and it's the gospel according to PTP and the reds.

[rabas]

as there is no House session, a Senate session is not possible.

Simple and true.

Best to get on with elections quick smart.

Best to clean up some of the infamous Thai corruption first, our else they will remain in the same fake democratic doo doo.

[gabruce]

as there is no House session, a Senate session is not possible.

Simple and true.

Best to get on with elections quick smart.

Best to clean up some of the infamous Thai corruption first, our else they will remain in the same fake democratic doo doo.

Now if only the EC would resign enmasse, then the government position would be that the caretaker government could not be removed, an election would not be possible and the caretaker government would be there for life, or until a coup. Joy.

[Scamper]

What Pheu Thai is doing is so transparent, it's funny. They've come up with the perfect solution. Simply prevent the Senate from meeting. So there. No impeachments to be considered. Due process of law comes to a crashing stop.The rice scandal, the unconstitutional transfer - you name it. Gone.

In their dreams.The Constitutional Court will indeed rule on this. Pheu Thai will lose this battle. Big time. For their argument is based on the idea that there are no rules, save the ones they make up at any given moment. It's based on the idea that the only scenario that constitutionally and legally makes sense is the one where they get everything they want, where they come out on top, down the line. The Constitutional Court ruling on the Tawil transfer will be the ultimate test for Pheu Thai. If they refuse to accept it, then it will be a constitutional crisis of their own making. It will be an unsustainable position.

[fab4]

What Pheu Thai is doing is so transparent, it's funny. They've come up with the perfect solution. Simply prevent the Senate from meeting. So there. No impeachments to be considered. Due process of law comes to a crashing stop.The rice scandal, the unconstitutional transfer - you name it. Gone.

In their dreams.The Constitutional Court will indeed rule on this. Pheu Thai will lose this battle. Big time. For their argument is based on the idea that there are no rules, save the ones they make up at any given moment. It's based on the idea that the only scenario that constitutionally and legally makes sense is the one where they get everything they want, where they come out on top, down the line. The Constitutional Court ruling on the Tawil transfer will be the ultimate test for Pheu Thai. If they refuse to accept it, then it will be a constitutional crisis of their own making. It will be an unsustainable position.

Of course, we can rely on your opinion, you've been right so many times now. Has the Yingluck caretaker government ceased to be yet - wasn't that one of your predictions from the Oracle at Delphi? Methinks you're taking the Pythia.

[chotthee]

Law is law.

Just ask the court to decide.

I am sure we know which way the court will decide.

[seajae]

nothing new here, the ptp up to their old tricks trying to stop anyone that can cause them any grief. The last thing they want now is the senate to start anything that could cause them further problems, the new NACC member nominated to fill the vacant position has already shown she is prepared to tell the truth which will really screw them so they want that stopped, they dont want any of their lackies to face the senate either so stopping it anyway they can is paramount for them. Impeachment is exactly what they do not want to start or they know that they will all be in jail or facing legal proceedings before too long, their corruption has come a full circle and is going to bite them all on the bum.

[Pimay1]

as there is no House session, a Senate session is not possible.

Simple and true.

Best to get on with elections quick smart.

Correction. In the government's view as there is no House session, a Senate session is not possible.

[rickirs]

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If the cabinet does not have the power to open a special session in the senate (and even if they did, they would refuse).

Then it MUST go to the constitutional court to make an interpretation of the constitution to decide whether to allow the session.

Without the session, democracy cannot advance, and so the court must allow it so that the nation can advance.

Without it, then there is a vacuum.

If the Court had any interest in allowing democracy to advance, it lost its ability to do so when it nullified the February elections that represented voting at 90% of the polls. It could have instead nullified the voting at the remaining 10% of the polls held at a later date and allowed the democratic process to procede unimpeded. Now with the EC back in the game to play out Suthep's defeat of any further elections, the EC sees no forseeable election schedule. If it is perceived that allowing the Sentate to begin its session so that Government officials can be impeached, no doubt the Court will rule against the government.

[rubl]

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

If the cabinet does not have the power to open a special session in the senate (and even if they did, they would refuse).

Then it MUST go to the constitutional court to make an interpretation of the constitution to decide whether to allow the session.

Without the session, democracy cannot advance, and so the court must allow it so that the nation can advance.

Without it, then there is a vacuum.

If the Court had any interest in allowing democracy to advance, it lost its ability to do so when it nullified the February elections that represented voting at 90% of the polls. It could have instead nullified the voting at the remaining 10% of the polls held at a later date and allowed the democratic process to procede unimpeded. Now with the EC back in the game to play out Suthep's defeat of any further elections, the EC sees no forseeable election schedule. If it is perceived that allowing the Sentate to begin its session so that Government officials can be impeached, no doubt the Court will rule against the government.

You ramble a bit. Wait with annulling till the remaining pools had been held? If the polls can and should be annulled better now than later I'd say. That way the democratic process could procede unimpeded by calling voters to vote only in order to have the election annulled next day. That would really make a mockery our of things.

Anyway, it would seem that the current Yingluck government is continuing to take care of itself and keep on dragging things along as long as possible,

As for perceive, well it would be entirely likely the C.C. would rule against some government officials who the Senate wants to indict. just check what the senate plans to do, who is being accused and for what and what evidence there is. It would seem so overwhelming that the government is in real need of every dirty trick to postpone any functioning of a senate or maybe even a new parliament they cannot control.

[pmugghc]

as there is no House session, a Senate session is not possible.

Simple and true.

Best to get on with elections quick smart.

Not true.

Sent from my Nexus 5 using Thaivisa Connect Thailand mobile app

[metisdead]

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