Power to the people

[Lite Beer]

PEOPLE IN THE NEWS
Power to the people
Jintana Panyaarvudh
The Sunday Nation

BANGKOK: -- Constitution Drafting Committee member Jade Donavanik explains why the new charter should be Thailand's last

He might be the youngest of the individuals chosen to draft Thailand's 20th Constitution but Jade Donavanik is far from being a new face and, at 42, more than makes up in experience what he lacks in years.

A law lecturer, he took part in the considerations of the 2007 Constitution after the 2006 coup and was later a member of the committee that came up with amendments to certain charter articles. He has also drafted or considered several laws.

Jade cannot recall how or even exactly when he became known as a political commentator and analyst. Perhaps it was when he started to write for a Thai newspaper as a regular political columnist. Or perhaps his fame stems from his career as a television anchor.

What is certain is that Jade has been under the spotlight as a political critic from the anti-Thaksin protest movement in 2006 to the latest protests.

Asked why he was picked by the Cabinet to be one of the 36 Constitution Drafting Committee (CDC) members, he laughs, saying that it was probably because he has openly criticised the junta and political situation. His comment after the coup that General Prayut Chan-o-cha should not concurrently hold the post of premier was widely reported in the press.

The Chiang Mai native says he opted to study law because he wanted to help people. His father and grandfather encouraged him to pursue a career in law while his grandmother and his aunts wanted him to become a doctor.

"My father said most doctors are trustworthy while lawyers are the opposite. He added that we needed our own people, people who we could trust in such a mistrusted career," he recalls.

Thus Jade headed to Thammasat University where he earned his bachelor's degree in law before heading to Stanford University in the US for his master's and doctorate in the Science of Law. He was just 26.

In 2000, he returned to Thailand and worked at the Science and Technology Ministry as an expert in bio technology. He later returned to his first love - the law - and assumed a position as law lecturer at Mahidol University International College. His next move saw him become dean of the Graduate School of Law at Siam University and today he is the dean of the Law Faculty at Dhurakij Pundit University.

Despite more than 15 years of involvement in intellectual property litigation and a wealth of experience in drafting laws and working with several veteran law academics, he says the drafting of the new Constitution is the biggest and most challenging task he has faced to date.

The challenge, he explains, lies in how to make the charter ideological rather than idealistic and ensure it is one that can be successfully implemented.

Jade describes himself as a contexualist and believes in a Constitutional convention rather than Constitutional law. He thinks the best way to implement a Constitution is to tune convention with context so they work in parallel.

While most people are focused on whether the new charter will be written in such a way as to eradicate the old power clique or the Thaksin regime, Jade holds a different view: he thinks the charter should serve as a scripture to "arm" the people and make them strong.

"We need to make the charter one that reflects the people's power. In that way, politicians won't dare to violate or abuse the people otherwise they will be expelled by the people," he says.

He does, however, acknowledge that such a draft would be too extreme but stresses that the charter drafters need to build a "weapon" for the people and teach them how to use it.

"A precious weapon becomes scrap metal if you give it to those who don't know how to use it. But in the hands of those who know how to use it, a leaf can turn into a magic sword," he says.

Asked if the country's ongoing political divide could be resolved solely with a new Constitution, he doesn't hesitate for a second: "No way," he says with emphasis.

"Religious scriptures are better written than any charter in the world but none of them can turn a man into a good man," he says.

"It all depends on whether people do as the scriptures say. If they live in accordance with the scriptures, then the goodness will emerge. The same is true for the Constitution."

"The road that lead to goodness exists but if people don't walk on that road, it's all over. The Constitution is a means but not the end in itself. It's just a tool or road for people to follow the right way. It's impossible for anyone to write a charter and create instant reconciliation. What is more important is that the charter is implemented to the letter," he says.

In response to a question as to whether the junta will have failed if the new charter cannot help solve the divisions in the country, he merely repeats the old saying: "Every road leads to Rome but Rome was not built in one day".

"The NCPO [National Council for Peace and Order] is just drawing the map but has yet to build the road. Don’t expect them to improve everything. That's utopia. Everything depends on the people. If the people are strong the country will be stable," he says.

The new generation law expert sincerely hopes that the 20th charter, which is expected to be ratified and come into force is 2015, will be the country's last, pointing out that the United States Constitution came into force in 1789 and has never been torn or redrafted though it has been amended 27 times.

"There's nothing wrong if there are amendments later or committees appointed for amendment. But hopefully we [CDC] will be the last charter drafters and we will come up with a Constitution that stands forever. Twenty is a nice round figure," Jade says with a smile.

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Source: http://www.nationmultimedia.com/opinion/Power-to-the-people-30247785.html

-- The Nation 2014-11-16

[Thailand]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

[NongKhaiKid]

' Power To The People ' ?

Just a thought but isn't that just a little provocative in the current climate ?

Power to the chosen people maybe !

[The stuttering parrot]

42 and still believes in fairies!

Coups are national pastime for the military.

You can't have a coup and not tear up the constitution because it wouldn't be constitutional .

What's the count now? 19 I think .

[zaphod reborn]

A properly drafted Constitution would last decades. The problem is that Thai politicos are too nearsighted to see past the next few months. They need to create a system of checks and balances, but no one wants to give up power to a branch of government they can't personally control or influence.

[Chris Lawrence]

'While most people are focused on whether the new charter will be written in such a way as to eradicate the old power clique or the Thaksin regime, Jade holds a different view: he thinks the charter should serve as a scripture to "arm" the people and make them strong.'

Will it also eradicate the military power?

A young minow that has only worked as an academic? The article appears to show Jade as a free thinker, but he also got a gurnsey in 2006/07 with the same team that is in now.

[chooka]

' Power To The People ' ?

Just a thought but isn't that just a little provocative in the current climate ?

Power to the chosen people maybe !

Not going to give up a nearly acquired family heirloom easily.

[smedly]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

[RustBucket]

Yawn!

Every constitution so far has been Thailand's 'last'.

Spare the 'more bullshit'.

[Thailand]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

Better not let elections interfere with your scenario then!

The cause of the problem was that those in power were not the ones that the real powers wanted in power, simple as that.

The manufactured protests failed and the coup was the fail safe,the last part of the whole thing.

And just a repeat of previous scenarios.

[chainarong]

General consensus would be to limit the power of the military , however Thailand lives in a retrograde time warp , with generals a dime a dozen and in charge of all departments , (a trade off for free democratic style elections , back a few Coups ago and history would say , with the loss of many beautiful people,) whilst you have no separation of Church , military from State there will always be a power threat in the background , unless Thailand gets rid of the military influence by a complete overhaul of manpower requirements , the need for literally dozens of Generals and other high ranks retired out , heads of departments on ability, not connections to the Military , Thailand will always be living in a shadow of Military force , hovering in the back ground and a semi quasi Junta running the country,

[JOC]

Some rich kid's version of "power to the people"!!

Makes about as much sense as the people being represented by a billionaire and criminal family!!

[ezzra]

Power To The People.... I opened to read thinking it has to do with cheaper electricity to the people,

that which will interest me more than what I rad in the article, it least this would be attainable, the "other"

power to the people, not so much...

[blaze]

Amazing Thai Education ...

But at least he understood there were never wars fought over the interpretation of the Bible and the Koran.

Edited November 16, 2014 by blaze

[Pib]

Thailand can't even get "electrical" power to a lot of its people. And some consider "20" an unlucky number....therefore, expect Thailand will need more constitutions until they get a lucky one as determined by a Constitutional Commission of Psychics & Lottery Ticket Vendors.

[h90]

A properly drafted Constitution would last decades. The problem is that Thai politicos are too nearsighted to see past the next few months. They need to create a system of checks and balances, but no one wants to give up power to a branch of government they can't personally control or influence.

I don't understand why they want to draft a new constitution. Why not take the 1997 or 2006 constitution and repair the weaknesses in it.

Or take a good foreign constitution (US or Switzerland) and adapt it for Thailand. Making it new from zero seems a waste of time and surely there will be mistakes in it again.

[chooka]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

It's called a coup. If you don't win the election you stage a coup.

[h90]

General consensus would be to limit the power of the military , however Thailand lives in a retrograde time warp , with generals a dime a dozen and in charge of all departments , (a trade off for free democratic style elections , back a few Coups ago and history would say , with the loss of many beautiful people,) whilst you have no separation of Church , military from State there will always be a power threat in the background , unless Thailand gets rid of the military influence by a complete overhaul of manpower requirements , the need for literally dozens of Generals and other high ranks retired out , heads of departments on ability, not connections to the Military , Thailand will always be living in a shadow of Military force , hovering in the back ground and a semi quasi Junta running the country,

That is the main problem...you either have a strong military, or you get a dictator like Thaksin. At the moment military is surely the better option, but that might change in future.

Having the religion in the laws is surely not a good idea, it is not only in the law also in the schools, military, companies, etc etc

[h90]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

It's called a coup. If you don't win the election you stage a coup.

In Thailand: If you don't have the funds to buy an election you stage a coup.....

[Thailand]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

It's called a coup. If you don't win the election you stage a coup.

In Thailand: If you don't have the funds to buy an election you stage a coup.....

Then I guess that if you have more money and power than those purportedly buying elections you use that as part of an excuse to stage a coup?

This re response could go on until it is resolved by either an election or a coup! (-:

[Ozziepat]

Can't blame a lawyer for his "reasoning," I guess. Law schools tend to do that to people. But I would like to trot out an alternative and more constructive "sermon" on problem solving:

1. Don't prematurely ask, 'Can it be done?" and then surrender based on negative suppositions. Ask instead, "How can it be done?" This focuses mental resources on solutions rather than obstructions. And

2. When faced with a complex problem set, define desired outcomes. DO NOT compromise on any of them unless and until it becomes clearly evident that you are pursuing a current impossibility. In engineering terminology, write requirements as though all things are possible (within the constraints of known physical laws and cost/quality/time). If compromise becomes necessary later, change the "requirement" to a design goal. Don't discard it. (These make pretty effective Rules for Living, too.)

This approach strongly tends to optimize results, if you care about that sort of thing.

[ParadiseLost]

Thai people have recently embraced social media in a big way, so perhaps someone should start a "Peoples Constitution" website and allow the public to vote on suggested inclusions?

They could debate the official draft and come up with the best of both worlds...

Real Power to the People.

[slygeeza]

sadly the next constitution will also be ripped up, they need to do it every decade or so as an amnesty for ill gotten gains

[trainman34014]

This geezer needs to be reminded that Fairy Tales are for small children.

[Pib]

Thai people have recently embraced social media in a big way, so perhaps someone should start a "Peoples Constitution" website and allow the public to vote on suggested inclusions?

They could debate the official draft and come up with the best of both worlds...

Real Power to the People.

Yea, anonymous, uncontrolled voting by anyone on a critically important document is a great way to ensure democracy. It would have to be anonymous to get many Thais to vote/make comments in fear of reprisal. I sure hope the social media site has plenty of emoticons that can used with the votes and comments, because if it don't I doubt many Thais will use the site.

[fab4]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

What part of dissolving government one month after the first democratic party sponsored demonstrations and the calling for an election within the timescale laid down by the constitution, seemingly passed you by?...................................

[ChrisY1]

Thais seem to have the impression that older is usually better......

In fact here in Thailand....older usually means they can steal better!

[Lupatria]

Power to the people? Just enhance the new policy for the far south- give them more guns.

[jcsmith]

And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

That was my first thoughts when reading it.

[city]

"If, in the future, Thailand faces an incident that requires military intervention, the charter won't be ripped up but temporarily suspended.

"If we tear it up again, the new charter will be nothing but a scrap of worthless paper," he says.

Extremely naive if he thinks this would be the last constitution. And already talking of the next coup, or military intervention as it is politely known.

The power of the military has to be curtailed so that options other than "interventions" can be pursued in the event of future problems.

Failing that it will be the same old, and guess what the results will be!

yes like a failed and shamed government stepping down without months of protests and eventually the military having to step in

Trying to cling to power was the cause of the problem - any shamed western government would have removed themselves from office instead of trying to cover up and lie about their very obvious misdeeds

It needs to be made very clear in the new constitution that should a similar scenario present itself in the future that there is clear provision for a government to be completely removed from office and a system that provides a temporary board installed to run things investigate and plug the holes that caused the event and possibly take criminal action against those that were removed

The government that was clinging to power at all costs...was that the government who called an election. An election that didnt appease the paid for army backed protestors because they could not get the support of the people to win an election. The army should have thrown its might behind the government an allowed an election to take place instead of permitting Suthep and his thugs to intimidate the electorate