Section 44 cannot be used to call for public referendum

[webfact]

Section 44 cannot be used to call for public referendum

BANGKOK, 30 April 2015 (NNT) - The President of the National Legislative Assembly (NLA) has stated the government cannot call for a public referendum through the use of Section 44 of the 2014 interim constitution.

NLA President Pornpetch Wichitcholchai explained that the government would need to submit a proposal through the current legislative process.

Section 44 gives the head of the National Council for Peace and Order (NCPO) absolute authority over matters of national security.

However, Prof Pornpetch said the interim constitution does not give the government and the National Council for Peace and Order (NCPO) the authority to make amendments to the charter. Therefore, Section 44 cannot be used to amend the interim charter in order for it to stipulate a public referendum on the draft constitution.

The NLA President said the government must instead resort to Section 46 of the interim constitution, which gives the government and the NCPO the authority to submit amendment proposals to the NLA. The proposals must go through the usual legislative process of approving a constitutional amendment.


-- NNT 2015-04-30

[catterwell]

The reports says "Section 44 gives the head of the National Council for Peace and Order (NCPO) absolute authority over matters of national security". That's true but not complete.

The authority also extends to "public peace and order or national security, national economics or the administration of State affairs".

But the authority does not quite extend to amending the interim constitution. That power lies with the NCPO and the Cabinet (which have to agree;not too hard), and then pass by simple majority in the NLA prior to submission to HM the King.

So the gist of this news report is essentially correct, in my humble opinion.

[Tatsujin]

Now it's starting to get really amusing ...

[NeverSure]

Translation: If you think were going to get any feedback from the plebeians on this think again.

Edited April 30, 2015 by NeverSure

[Snig27]

The reports says "Section 44 gives the head of the National Council for Peace and Order (NCPO) absolute authority over matters of national security". That's true but not complete.

The authority also extends to "public peace and order or national security, national economics or the administration of State affairs".

But the authority does not quite extend to amending the interim constitution. That power lies with the NCPO and the Cabinet (which have to agree;not too hard), and then pass by simple majority in the NLA prior to submission to HM the King.

So the gist of this news report is essentially correct, in my humble opinion.

The gist of this report is that they will do anything to avoid asking the good folk of Thailand how they wish to be governed. That was not the point of the coup after all, it was about ensuring that they never have a say.

Flag wavers for this bunch are noticeably quiet on these pages these days (apart from Jamie whose world is somewhat unique anyway).

Edited April 30, 2015 by Snig27

[baboon]

Perhaps this is a cack handed way of trying to fool people into believing there are checks and balances at work?

[Jai Dee]

A post containing reference to a dictator has been removed from this thread.

From the pinned topic in the News Forum:

Please use discretion in your references to the government. Phrases which can be considered as anti-coup will be removed. Referring to Thailand or the government as a dictatorship, military dictatorship or other such terms will be removed.

[Srikcir]

"NLA President Pornpetch Wichitcholchai explained that the government would need to submit a proposal through the current legislative process."

That would be true under Article 46 of the Interim Charter. However,

"Article 44 of the interim charter authorises Prime Minister General Prayut Chan-o-cha, in his capacity as chief of the National Council for Peace and Order (NCPO), to exercise the powers of the executive, legislative and judicial branches of the government in order to suppress threats to national security." The Nation 2015-02-04

Prayut can simply order a public referendum without the consent of the cabinet, NLA, or the courts. While Article 26 recognizes judicial independence and Article 45 allows the Constitutional Court to remain functional, both articles are SUBJECT to the Special Power of the NCPO Leader Prayut under Article 44.

If Prayut issues the order, what is the NLA and Cabinet going to do about it - Resign? There are plenty of military officers to fill the vacancies by Prayut's appointment.

[EnglishJohn]

The reports says "Section 44 gives the head of the National Council for Peace and Order (NCPO) absolute authority over matters of national security". That's true but not complete.

The authority also extends to "public peace and order or national security, national economics or the administration of State affairs".

But the authority does not quite extend to amending the interim constitution. That power lies with the NCPO and the Cabinet (which have to agree;not too hard), and then pass by simple majority in the NLA prior to submission to HM the King.

So the gist of this news report is essentially correct, in my humble opinion.

The gist of this report is that they will do anything to avoid asking the good folk of Thailand how they wish to be governed. That was not the point of the coup after all, it was about ensuring that they never have a say.

Flag wavers for this bunch are noticeably quiet on these pages these days (apart from Jamie whose world is somewhat unique anyway).

Unlike Pheu-Thai of who were trying to amend all the awkward checks and balances piece-by-piece so they didn't have to do any referendum either.

Until they got found guilty of unconstitutional behaviour of course.

You hypocrites will cry foul either way : No referendum means they don't want to ask the people and if they have one you will say they are stalling elections.

[NCFC]

So the interim constitution is not a matter of national security but fish are?

Bonkers