Pheu Thai to seek court ruling on impeachments

[Lite Beer]

NLA AUTHORITY
Pheu Thai to seek court ruling on impeachments
The Sunday Nation

BANGKOK: -- The Pheu Thai Party will ask the Constitutional Court to rule on whether the National Legislative Assembly has the authority to impeach politicians.

Amnuay Klangpha, a former Pheu Thai MP, yesterday said he would make the request because the previous constitution had been scrapped and there was no provisional in the provisional constitution empowering the NLA to impeach political office holders unless they were NLA themselves.

He cited the Constitutional Court's recent decision to dismiss former senator and current NLA member Somchai Sawangkarn's attempt to have him and other Pheu Thai members under the defunct 2007 Constitution, and said the court should consider the impeachment case according to the new interim charter.

Amnuay insisted that the 2007 Constitution was no longer valid, and impeachment cases must proceed according to the law and not members' prejudices.

He said the disclosure of NLA members' assets was not necessary due to 2007 Constitution being defunct.

He said NLA members were appointed by National Council for Peace and Order, which was formed under the 2007 Constitution and they should focus more on solving people's problems.

Asked to comment on Deputy Prime Minister Wissanu Krea-ngam, who had a hand in writing the impeachment law in the provisional constitution, he said: "I believed Wissanu is often trusted when it is about the law … if he said the 2007 Constitution was defunct he cannot twist his words later.

"Right now we should make the best out of 2014 interim charter."

NLA President Pornpetch Wichitcholchai has arranged the two meetings on Thursday and Friday to examine seven elements of the drafts.

These include the agricultural land reform, cruelty against animals, and animal disease bills.

The latest development came as the Organisation of Free Thais for Human Rights and Democracy made a request with the Inter-Parliament Union, stating that the NLA lacks the democratic ideology to be a member of the union.

NPA Vice President Peerasak Porchit said he was not concern about the move as the NLA had a very good relationship with the union and associate members.

"I am confident that this request made by FTHD will not affect the co-ordinations between Thailand and other countries. We were accepted by the union and they are aware of our situation," Peerasak said.

Source: http://www.nationmultimedia.com/politics/Pheu-Thai-to-seek-court-ruling-on-impeachments-30244779.html

-- The Nation 2014-10-05

[FangFerang]

Interesting news. A bit droll, but to the point nonetheless.

Which constitution are they operating under? Or is it a case of "we like this from 2006, and that from 2012...(not that the dates here are accurate at all).

[smedly]

This is the first error I have seen with the new government and PT are quite right to question

It is of the utmost importance that agencies tasked to deal with such cases are allowed and empowered to do so

We must not forget that the primary cause of the military intervention was because of the Shin governments abuse of power and corruption at every level

The NLA need to be extra squeaky clean and if the various agencies cannot perform their duties as intended then they need to be reformed and given the mandate and power under the constitution to do so

[halloween]

U.S. Code § 109 - Repeal of statutes as affecting existing liabilities

The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

AFAIK this is not an uncommon position.

[FangFerang]

The UK Daily has been blacked out for raising points the Thai authority cannot contradict in regards to the Koh Tao murders. Welcome to North Korea.

[whybother]

The UK Daily has been blacked out for raising points the Thai authority cannot contradict in regards to the Koh Tao murders. Welcome to North Korea.

The UK Daily has been blocked since the coup. Nothing to do with the Koh Tao murders.

[Ozziepat]

The country remains under martial law, which means that everything remains subject to military dictate. Until this situation changes, all debate over jurisdiction and application of constitutional law is actually moot. Maybe the solution is simple: The junta eliminates ambiguity by declaring all such cases in abeyance until the government is fully functional only under a current constitution and legal system. Then said legal system and duly authorized courts can address the various questions before them. The onus will be on those creating the new constitution and laws to adequately consider history and precedence.

[Eric Loh]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

[halloween]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

You don't understand the meaning of "retroactive"?

[Eric Loh]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

You don't understand the meaning of "retroactive"?

What don't you know about retroactive impeachment that perhaps I can shed a light.

[halloween]

If a law was written today which covered crimes committed in the past, it would be retroactive. Impeachment today for crimes committed under the constitution of the time has nothing to do with retroactive. Being able to be charged under the law current at the time of offence, even though the law has been modified, is not unusual, as per my post #4.

ret·ro·ac·tive

ˌretrōˈaktiv/

adjective

adjective: retroactive

(especially of legislation) taking effect from a date in the past.

[mikemac]

As usual PTP don't like it when things don't go their way. On a clear night you can hear their knees knocking together all the way to Udon Thani.

If they were in power they would just change the law to suit their agenda, illegally, in the middle of the night, when honest people are in their beds sleeping..............................................

[Eric Loh]

If a law was written today which covered crimes committed in the past, it would be retroactive. Impeachment today for crimes committed under the constitution of the time has nothing to do with retroactive. Being able to be charged under the law current at the time of offence, even though the law has been modified, is not unusual, as per my post #4.

ret·ro·ac·tive

ˌretrōˈaktiv/

adjective

adjective: retroactive

(especially of legislation) taking effect from a date in the past.

What has your plagiarizing of a legal defination got to do with this case. Not impressed. The simple fact is that the NACC based the impeachment on the 2007 charter which has now been nullified. As the Chairman of NLA, Khun Pornpetch categorically said that he is unsure the body has the power to retroactively impeach the former speakers as requested by the NLA.

[mikemac]

If a law was written today which covered crimes committed in the past, it would be retroactive. Impeachment today for crimes committed under the constitution of the time has nothing to do with retroactive. Being able to be charged under the law current at the time of offence, even though the law has been modified, is not unusual, as per my post #4.

ret·ro·ac·tive

ˌretrōˈaktiv/

adjective

adjective: retroactive

(especially of legislation) taking effect from a date in the past.

What has your plagiarizing of a legal defination got to do with this case. Not impressed. The simple fact is that the NACC based the impeachment on the 2007 charter which has now been nullified. As the Chairman of NLA, Khun Pornpetch categorically said that he is unsure the body has the power to retroactively impeach the former speakers as requested by the NLA.

Seems to me that it is not only the crooked criminals from PTP who have something to hide, their supporters don't want anyone going through their dirty laundry in case something illegal is discovered.

Personally, I hope they lock the lot of them up and throw the keys away. Maybe then the inane comments from their fan club may ease up.

[rubl]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

Whatever one may think about the current ability or power to impeach, not only may Pheu Thai seek the Constitutional Court's interpretation, but the various opinions indicate a need for clarification.

I assmue all parties concerned will also accept any interpretation.

[Eric Loh]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

Whatever one may think about the current ability or power to impeach, not only may Pheu Thai seek the Constitutional Court's interpretation, but the various opinions indicate a need for clarification.

I assmue all parties concerned will also accept any interpretation.

Rubi, the convicted side always will kick, scream, appeal or flee to protest the injustice but all will accept the court decision. I have yet to hear of any case of someone charge for court contempt. Have you?

[rubl]

Looks like another case of retroactive law being used when it benefits the prosecutors. PT is right to seek court interpretation.

Whatever one may think about the current ability or power to impeach, not only may Pheu Thai seek the Constitutional Court's interpretation, but the various opinions indicate a need for clarification.

I assmue all parties concerned will also accept any interpretation.

Rubi, the convicted side always will kick, scream, appeal or flee to protest the injustice but all will accept the court decision. I have yet to hear of any case of someone charge for court contempt. Have you?

The convicted side will always protest the perceived injustice and all but those who fled will accept the court decision. With the exception of some TVF posters of course. I still see posters who have a major problem with a Courts decision to find a former PM guilty of 'conflict of interest' and sentenced him to two years imprisonment.

As for contempt, maybe the 'lunchbox' lawyer(s) ?

Anyway, Pheu Thai has petitioned and we'll await the courts interpretation.

Edited October 5, 2014 by rubl

[halloween]

If a law was written today which covered crimes committed in the past, it would be retroactive. Impeachment today for crimes committed under the constitution of the time has nothing to do with retroactive. Being able to be charged under the law current at the time of offence, even though the law has been modified, is not unusual, as per my post #4.

ret·ro·ac·tive

ˌretrōˈaktiv/

adjective

adjective: retroactive

(especially of legislation) taking effect from a date in the past.

What has your plagiarizing of a legal defination got to do with this case. Not impressed. The simple fact is that the NACC based the impeachment on the 2007 charter which has now been nullified. As the Chairman of NLA, Khun Pornpetch categorically said that he is unsure the body has the power to retroactively impeach the former speakers as requested by the NLA.

So there's two idiots who don't know the meaning of the word. One has the excuse that he is not a first language English speaker and may have been translated wrongly.

Google provided the definition. I doubt if using it is plagiarism, or if I quoted a source that the meaning would change.

BTW it was you who used the term "retroactive law".

Edited October 5, 2014 by halloween