BURNING ISSUE
Charter drafters seeking to create loopholes for the elite
SUPALAK GANJANAKHUNDEE
THE NATION

BANGKOK: -- THE CONSTITUTION Drafting Committee is about to write an undemocratic charter as it tries to impose "special power" in many places to get its choice of unelected nominees into power.

The fundamental principle for every democratic constitution is to guarantee that "sovereign power belongs to the people". Representatives of the people — meaning individuals who are elected — obtain a mandate from the election and can exercise such power through the National Assembly (Parliament), Council of ministers (government and Cabinet) and the Judicial branch (the court).

Traditionally, Thailand has been run by a parliamentary system of politics and administration. Members of Parliament who are voted in via elections were divided into parts to exercise sovereign power in accordance with an electoral mandate and laws. One lot, those who win a majority in the election, run the government, while the others work as lawmakers in the Parliament. Ideally, the chief of the Supreme Court should also be elected, but Thailand has never functioned this way.

The problem over past decades is that the Thai elite and their chosen ones have rarely won an election. The remaining people of the country, mostly poor and less educated, always vote for their representatives to divert national wealth and budget to their provinces and rural communities.

In recent years, the elite have tried to find special methods to get their representatives into power. They mostly used street protests to provoke social unrest, giving an excuse for the military to intervene in political affairs.

A military coup d'etat is undemocratic and internationally unacceptable. There is no legitimacy in exercising a coup to bring elitist leaders to power.

And the coup in 2006 was one that failed to bring the elite's choice into office. Previous elections under the 2007 Constitution — sponsored by the 2006 coup-makers — ended with politicians from Thaksin Shinawatra's camp winning government. The elitist Democrat Party was too weak and unpopular to win a majority.

The previous constitution provided room for the elite to manipulate politics only through independent organisations and half of the Senate. Only the Senate, the courts and other independent organisations, can suspend Yingluck Shinawatra and her Cabinet.

The previous constitution did not provide any special way to carry elitists into power. Last year, street protesters supporting the Democrat-backed People's Democratic Reform Committee called for Articles 3 and 7 in the previous constitution to be exercised - to replace Yingluck and get their choice into power. But there was no legal legitimacy to do this.

The 2007 Constitution is, in fact, less democratic than the 1997 charter. It authorised the elite in the judicial branches to nominate half the Senate - to balance the elected MPs and government, but this was not enough to block their political enemies.

The junta-sponsored constitution drafters are now creating an outline for a new charter to seal all legal loopholes and open channels for the elite to intervene in politics - as well as pick their choice for power constitutionally.

What the elite has done so far is to reserve its right to pick senators who are more powerful; and boost the chances for an "unelected person" to sit in the top position in the government.

The next step, debated last Monday, was how to include clauses that would allow a special power to exercise its constitutional authority to interfere in the political process.

Article 7 of the 1997 and 2007 charters said the same thing: that whenever there's no constitutional provision applicable to any case, it should be decided in accordance with constitutional practice in a democratic regime of government with the King as the head of state. But these phrases were regarded as useless in bringing anybody to power.

Many drafters suggested modifying Article 7 from the previous charters to allow the Constitution Court to widely interpret this problematic clause as it wishes.

In this way, the Constitution Court will become a special force to ensure the elite can get a nominee into power without having to go through an election, and for such a process to be constitutionally legitimate.

Source: http://www.nationmultimedia.com/politics/Charter-drafters-seeking-to-create-loopholes-for-t-30251849.html


-- The Nation 2015-01-14

Obviously they are stacking the deck to ensure they keep power. Will the Thai people accept it ?

Wow, some heavy reading!

Excellent.

Rare in TheNation.

Edited January 13, 201511 yr by EnzoRippo

Handpicked charter drafters seeking to protect the elite ?

Surely not

Thats what happens when you invite the fox into the henhouse. Tends to do what it wants with the chickens rather than ask approval.

Good to see someone at the Nation has eyes and ears but its way too late to do anything about it, it'll be drafted anyway just as they wish just like all the others previously, which you can take to the bank and guarantee will happen.

On a good note this next constitution is only likely to last as long as the gap between the next coup..... which is never that far away

"Charter drafters seeking to create loopholes for the elite"

Today's least surprising headline.

Why am I not surprised, all along the Elite have along with the military have resented the democratic process, right from the junta over throw till now, the push for outsiders as a Prime Minister or unelected Senators can be seen as the final battle for a power strangle hold against the Thai people, this may pass the acid test this time around but possibly within a decade a popular uprising could be in the making.

Democrats cannot win a fair election, therefore, protest and coup. The military as part of the elite come to the rescue. The only way to stop the cycle is to take the vote away from the people. Little difference between Redshirts and the American Democratic Party, give stuff away to get votes. Without minorities and small special interests such as environmentalists and gay rights, American Democrats cannot win an election.

To be a majority party, you must appeal to the majority, or cheat, or carry a big stick.

Who would have thought it!

djjamie and costas will love it

all decent, honest and freedom loving peoples will hate it

I think they are trying to protect the Thai people from another almost trillion baht scam perpetrated by the government in office plus all the attempts of abuse under the guise of reconciliation - it gets a thumbs up from me

Sigh and on it goes

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

How is this being received in the native Thai papers?

They're not trying to push an amnesty bill through at three o'clock in the morning ..are they ?

Edited January 14, 201511 yr by Thrilla

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

Who wrote that?

A constitution that protects the inbred, privileged class. The more coups the more these people edge closer to the limelight.. They may be bringing an end to their days of influence and control.

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

Who wrote that?

Yes.

The chief editors Nation must be having their extended coffee break when Khun Supalak sneak in this article. In your face and right to the point that some here have been saying that this pattern of elite sponsored protests, violence, judiciary intervention and military takeover in the past 10 years are elites method to re-calibrate their slipping power and of course maintain their wealth positions.

Long on verbiage and claims, very short on facts.

Let's just take one claim, that electing the head of the Supreme Court is more democratic. Where is this done? In the US where judges are elected in some states the result has always been rich man's justice, judges tending to side with those who provide electoral support/donations.

The claim that a fully elected Senate is more democratic is also far from cut and dried proven. There are countries with appointed senators which certainly don't lack in the measure of democracy. Others with elected senators, like the USA and Australia, have highly unequal representation in their elected senates.

Edited January 14, 201511 yr by halloween

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

Who wrote that?

The "Who", 1971 - Won't Get Fooled Again.

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

Who wrote that?

"Won't Get Fooled Again" by The Who

Thats what happens when you invite the fox into the henhouse. Tends to do what it wants with the chickens rather than ask approval.

Good to see someone at the Nation has eyes and ears but its way too late to do anything about it, it'll be drafted anyway just as they wish just like all the others previously, which you can take to the bank and guarantee will happen.

On a good note this next constitution is only likely to last as long as the gap between the next coup..... which is never that far away

And that is what makes the drafting of this new constitution such a pointless exercise, as it will be torn up in a few years when the next coup inevitably happens.

Welcome to the Thai merry-go-round.

Ahhh So it comes to pass that their is finally a little truth being presented by this media.

The elites just can't stand the common people and the needs of the country when they have and think they should always have power and privilege at the cost of democracy, the rights and equality of the people of the land, Special loop holes for the rich and powerful, it's always been the case, but now they want it written into law. the stupid thing is that these SO-CALLED "GOOD PEOPLE" were selected for this very reason but some here refused to see it for what it is.

Keep standing on people and walking all over them and their rights then they will stand back up and presto here we go again.

You reap what you sow.

Insanity; "doing the same thing over and over again and expecting a different results."

Albert Einstein.

Obviously they are stacking the deck to ensure they keep power. Will the Thai people accept it ?

the thai people have 3 actions they can take, #1 have a beer #2 eat some food # 3 roll over & sleep thru it. ....:-)

Obviously they are stacking the deck to ensure they keep power. Will the Thai people accept it ?

the thai people have 3 actions they can take, #1 have a beer #2 eat some food # 3 roll over & sleep thru it. ....:-)

djjamie and costas will love it

all decent, honest and freedom loving peoples will hate it

all decent, honest and freedom loving peoples , Don't live in Thailand...... easy..!

Obviously they are stacking the deck to ensure they keep power. Will the Thai people accept it ?

-----------------------

Why not, they have for at least the last 30 years?

Of course, then the system that favored the "elite" and "business leaders" was called "political parties" and was run under different "charters".

So what's the difference today.?

Bottom line: when I first came to Thailand in 1979, it didn't take me long to see that there were a "elite" group of politicians who used "loopholes" to favor themselves and their political parties.

The same system is in effect these days ............. it's just that the "elite" groups and the "loopholes" may be different now.

In 3 decades the names may have changed, but the game is still played the same.

And the Thai "people" that support the system with their votes still have no choice but to accept it.

Even dressed up n new and different clothes, it's still the same out display of sham Democracy.

"I'll tip my hat to the new constitution

Take a bow for the new revolution

Smile and grin at the change all around

Pick up my guitar and play

Just like yesterday

Then I'll get on my knees and pray

We don't get fooled again"

"Meet the new boss

Same as the old boss"

Who wrote that?

The Who! We Don't Get Fooled Again.