Former parliament president says charter court can be removed



BANGKOK: -- Former parliament president Dr Ukrit Mongkolnavin says people who are unsatisfied with the Constitutional Court's ruling against the former prime minister Yingluck Shinawatra could gather 20,000 signatures to push for the removal of all the judges.

Dr Ukrit, who is the government-appointed Independent National Rule of Law Commission (NRLC), says Article 164 of the Constitution allows so if they could round up enough signatures to petition the ruling and push for the removal of all nine judges.

The former president also said the Constitutional Court should not have accepted the petition on the transfer of former National Security Council (NSC) secretary-general Thawil Pliensri as the charter court did not have the authority to accept the case in the first place.

He said the caretaker prime minister and her cabinet were carrying out their caretaker roles to conform with Article 181 of the Constitution after she dissolved the House of Representatives last year.

As a matter of fact, the case had already been decided by the Supreme Administrative Court that ruled Mr. Thawil’s transfer was unlawful and that he must be reinstated, he said.

He also raised a question of whether or not the Charter Court itself had violated Article 181 of the Constitution for removing the caretaker premier and her cabinet from their positions, as Article 181 clearly stipulates that the government that has dissolved its parliament must carry out its duty until it was replaced by a new cabinet.

Source: http://englishnews.thaipbs.or.th/former-parliament-president-says-charter-court-can-removed/


-- Thai PBS 2014-05-08

20,000 signatories, I assume that is to start an appeal, where? who have they got left in their pocket?

Edited May 8, 201412 yr by Basil B

"Article 181 clearly stipulates that the government that has dissolved its parliament must carry out its duty until it was replaced by a new cabinet."

Whilst it may clearly stipulate that, common sense and logic dictates there are other reason for them to stop carrying out the caretaker role like conviction of corruption whilst in office or any other criminal offence. Next he will be suggesting even after death they cannot stop work until a new cabinet is in place.

What the article fails to mention, and Dr Ukrit must surely know, is that article 164 refers to articles 270 and 274. Yes, 20,000 signatures can petition for the removal of the CC judges, however, that petition must be passed by at least 60% of the Senate in order to be enforced.

It may be a House of Cards but it's held together with superglue.

Whatever can be said on our dear moonface puppet master, one thing we can really learn from him: he never gives up. Never ever !

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

So, every time any rich and popular person dislikes a ruling they can engineer 20000 signatures to get the judges kicked out.

So for 10.000.000 You can remove the judges?

500 Baht x 20.000

I remove you....you remove me. Let's remove all of them & Thailand would be a better place.

What the article fails to mention, and Dr Ukrit must surely know, is that article 164 refers to articles 270 and 274. Yes, 20,000 signatures can petition for the removal of the CC judges, however, that petition must be passed by at least 60% of the Senate in order to be enforced.

It may be a House of Cards but it's held together with superglue.

Therein lies a fundamental flaw in this pseudo democracy and the constitution on which it is founded. If 40 million signatures against needs 60% senate approval, the unelected are running the both the country and who is empowered to apply the law. This is saying, we can get rid of whoever, whenever for whatever, but we are untouchable. There'll be people in dozens of countries around the globe wishing they had a stitch up comparable to this.

Edited May 8, 201412 yr by chrisrazz

How many of these judges were installed by the Military coup makers?

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

It's got you rattled hasn't it, Scampi.

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Yet another wrinkle. Is there a published list of those in Thailand that are not above the law?

How many of these judges were installed by the Military coup makers?

I am not sure, but I think none.

Nice offices just down from Gulliver's.

So for 10.000.000 You can remove the judges?

500 Baht x 20.000

Who needs to pay? People will queue up to sign if there's a possibility to get rid of these judicial coup mongers

Sent from my iPhone using Thaivisa Connect Thailand

No wonder Pheu Thai and Thaksin have so many legal problems if they are listening to him . . .

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20,000 signatories, I assume that is to start an appeal, where? who have they got left in their pocket?

And I will gather 40,000 to leave it where it is, what political side dose this fruity belong to.

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

It's got you rattled hasn't it, Scampi.

Sent from my iPhone using Thaivisa Connect Thailand

Don't expect a reply. He's a boiler room PR man that regurgitates propaganda only ever in single paragraphs. Better to just block.

How many of these judges were installed by the Military coup makers?

I am not sure, but I think none.

Yesterday on CNN they were saying all were, I am trying confirm.

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

It's got you rattled hasn't it, Scampi.

Sent from my iPhone using Thaivisa Connect Thailand

Don't expect a reply. He's a boiler room PR man that regurgitates propaganda only ever in single paragraphs. Better to just block.

You're right. Scampi posts on every single thread with his one paragraph of overblown nonsense yet never engages in debate. It's an arrogant and patronising attitude much in tune with his yellow masters' view of the masses.

Sent from my iPhone using Thaivisa Connect Thailand

How many of these judges were installed by the Military coup makers?

ALL.

How many of these judges were installed by the Military coup makers?

I am not sure, but I think none.

Yesterday on CNN they were saying all were, I am trying confirm.

Wikipedia is our friend :-)

http://en.wikipedia.org/wiki/Constitutional_Court_of_Thailand

All, apart from one judge, were appointed during the military coup era that also wrote the 2007 constitution. Of course, they all went through the rigorous selection process and protocols demanded by the Senate to approve their candidacies.

I know PTP said they were going to defy the court ruling but this is ridiculous, they are carrying on as though nothing happened yesterday, hasn't someone told them they are now trespassing on government property, is Charlerm still spending government budget - it's time someone turned out the light and locked the door

Unbelievable mockery of the law

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

It's got you rattled hasn't it, Scampi.

Sent from my iPhone using Thaivisa Connect Thailand

It's the failed state part which is suggested. A government tries to push through a blanket amnesty bill which even absolved themselves and their 'transparency watchdog' complains about the C.C doing it's work.

Clearly the Pheu Thai / Shinawatra side hasn't got any respect for law and their counterparts not much better at times.

Next we'll get some fools again to suggest that elections solve all.

So for 10.000.000 You can remove the judges?

500 Baht x 20.000

+1

Just think what you can do if you steal 40 billion baht and run off to Dubai!!

20,000 signatures should be easy to get. Could get 20 million easy enough, and it needs to be done.

A full public investigation needs to be opened, people are sick and tired of these yellow shirt bullies, and their selfish agenda

Edited May 8, 201412 yr by moonao

This is a joke. This man - now 81 - was closely associated with Thaksin. In fact, shortly after Yingluck assumed office, he was appointed as head of a new agency which caused many at the time to be suspicious. His role was - apparently - to oversee all workings of government to make sure everything happened according to the rule of law. Cracking job that man did ! So now all we need are 20,000 signatures collected from Udon Thani and it's on the road to removing the Constitutional Court. All the lines he uses are the standard Thaksin/UDD lines. Utterly forgettable. And by the way, he should look into the constitutionality of appointing a prime minister through a caretaker cabinet where there is no parliament, where a prime minister has been removed for committing an unconstitutional offense, and where nine cabinet ministers were also removed for committing the same offense. Although there is a provision in the constitution for nominating a prime minister through the Senate in the event of a quorum-less parliament, there is no provision for that. Perhaps he should start collecting 20,000 signatures about that.

It's got you rattled hasn't it, Scampi.

Sent from my iPhone using Thaivisa Connect Thailand

It's the failed state part which is suggested. A government tries to push through a blanket amnesty bill which even absolved themselves and their 'transparency watchdog' complains about the C.C doing it's work.

Clearly the Pheu Thai / Shinawatra side hasn't got any respect for law and their counterparts not much better at times.

Next we'll get some fools again to suggest that elections solve all.

Perhaps we could pair up your fools with the fools who think Suthep and his yellow thugs are the answer to Thailand's problems

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Comments and thinking like his are the reason this country will take the Subway back to 3rd world status.

Dr Ukrit, who is the government-appointed Independent National Rule of Law Commission (NRLC)

Looks like a classic oxymoron to me.

Even if the guy has a dozen constitution articles in his head, I doubt he ever understood the content of the book:

Democracy for Dummies.

Advocating that someone is buying 20.000 signatures to get rid of one of the corner pillars of democracy (a constitutional court) in a country with almost 70 Mio people, is nothing but shameful and just shows how much these guy's hands are glued to the trug.

Edited May 8, 201412 yr by Lupatria