S44 Can’t Be Used to Hold a Referendum

[Jacob Maslow]

Pornpetch Wichitcholchai, National Legislative Assembly president, says Prime Minister Prayut Chan-o-cha can’t use his Section 44 powers to hold a referendum on the draft constitution. The referendum must involve a joint initiative by the cabinet, according to the National Council for Peace and Order (NCPO) and the National Legislative Assembly (NLA).

Borwornsak Uwanno, chairman of the Constitution Drafting Committee, stated that the NRC and the charter drafters did not have the authority to call a referendum. Only the NCPO and the cabinet can determine whether it should be held. Gen Prayut said, that very same day, it was the job of the NRC and the CDC to decide.

Mr. Pornpetch has reaffirmed that Gen Prayut cannot invoke his Section 44 powers to hold a referendum. He lost this ability when the interim charter went into force. Section 44 is NCPO’s only tool to ensure that progress is made on creating a roadmap to restoring democracy.

Section 44 gives the chief executive of the NCPO the ability to exercise the powers of the judicial and legislative branches of the government to encourage unity and reform. But the interim charter needs to be amended if a referendum will take place. Section 46 allows the NCPO and the cabinet to propose amendments and then forward these changes to the NLA.

According to the DCD, it will take three months to prepare for a referendum if one is to take place.

-- 2015-05-03

[NongKhaiKid]

Very convenient and so much for Absolute Control, unless you choose not to exercise it of course and need a decent excuse as to why.

No chances to be taken with all these proposals for the new constitution and that includes letting the people have their say.

It doesn't matter who is in power here they want a stranglehold on it.

[jamesjohnsonthird]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

[catterwell]

More accurately, the Cabinet and the NPCO are empowered to jointly make the decision, which then has to be voted upon in the NLA. The NRC and CDC are, of course and like anyone else, free to make suggestions or recommendations.

[chainarong]

I thought that S44 was for holding people not referendums , why is it so hard for these spiffs just to instruct the Electoral commission to conduct a referendum , why all the gobbledygook , lets face it , it doesn't take a S44 to get anything to move what it takes is organizational skills , something lacking in Thai administration these days .

[Nick167]

Hilarious!

[Bakseeda]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

Why on earth do you think it was an illegal military coup ? and do you know the difference between a legal military coup and an illegal one ? This coup had the backing of the Big man...... So , nothing was illegal... jamesjohnson, go look in your mirror and tell that fool looking back at you better to keep your mouth shut and let people Think you are stupid, than to open it and prove them right..!

[jamesjohnsonthird]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

Why on earth do you think it was an illegal military coup ? and do you know the difference between a legal military coup and an illegal one ? This coup had the backing of the Big man...... So , nothing was illegal... jamesjohnson, go look in your mirror and tell that fool looking back at you better to keep your mouth shut and let people Think you are stupid, than to open it and prove them right..!

The coup was illegal but he gave himself amnesty. Brave warrior.

[canuckamuck]

So the PM cannot call a referendum until he gets approval from all of the yes men he personally picked for the cabinet and NCPO..

Hmm.

So what is the problem? Did they say no, or haven't they been asked yet?

[catterwell]

The time to consider a referendum would be after they've finished the second (and final) draft of the constitution, which will be by late July.

[NCFC]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

Why on earth do you think it was an illegal military coup ? and do you know the difference between a legal military coup and an illegal one ? This coup had the backing of the Big man...... So , nothing was illegal... jamesjohnson, go look in your mirror and tell that fool looking back at you better to keep your mouth shut and let people Think you are stupid, than to open it and prove them right..!

The coup was endorsed after it was complete, not at the time it was executed. At the time it was executed it was illegal. It was executed against a legally elected government that was also endorsed in the manner you describe..

As they say, those who control the present control the past. Those who control the past control the future. And so it has come to pass.

[dageurreotype]

For those of indeterminate understanding, coup = misappropriation pertaining to goods /country = theft.

[dageurreotype]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

Why on earth do you think it was an illegal military coup ? and do you know the difference between a legal military coup and an illegal one ? This coup had the backing of the Big man...... So , nothing was illegal... jamesjohnson, go look in your mirror and tell that fool looking back at you better to keep your mouth shut and let people Think you are stupid, than to open it and prove them right..!

The coup was illegal but he gave himself amnesty. Brave warrior.

Via ouija board

[djjamie]

Can overthrow the elected government in an illegal military coup but can't hold a referendum on the new constitution?

Funny boy.

Why on earth do you think it was an illegal military coup ? and do you know the difference between a legal military coup and an illegal one ? This coup had the backing of the Big man...... So , nothing was illegal... jamesjohnson, go look in your mirror and tell that fool looking back at you better to keep your mouth shut and let people Think you are stupid, than to open it and prove them right..!

The coup was illegal but he gave himself amnesty. Brave warrior.

Via ouija board

WOW. Your post count is going up quicker than a rock climber on yaba.

I wonder what your name was before you were banned last time?

[dageurreotype]

Via ouija board

WOW. Your post count is going up quicker than a rock climber on yaba.

I wonder what your name was before you were banned last time?

i wasn't. Next?

You know, you really overestimate yourself/are oblivious to your obvious standing. You really should be ashamed. Alas, alike many a shill before you, you aren't 'dj'jamie

[Orac]

Has anyone seen this 'roadmap' they speak of and know how many different coloured crayons they managed to use creating it. I would be very surprised if they have a bigger set than the free ones from Swensens.

[Srikcir]

"Section 44 empowers the NCPO leader to issue any order "for the sake of the reforms in any field, the promotion of love and harmony amongst the people in the nation, or the prevention, abatement or suppression of any act detrimental to national order or security, royal throne, national economy or public administration, whether the act occurs inside or outside the kingdom". "The orders so issued are all deemed "lawful, constitutional and final".

It seems that General Prayut as Chief of the NCPO can simply issue an order to require a referendum on the draft constitution. But he is being coy about this power as he wants to draw out the completion of the draft to the end of 2015. Then he can claim that a referendum will delay an elected government by another 6 months, allowing him an excuse to continue his Junta-led government.

[wowfactor10]

It went wrong from the start.

The charter been made by one group only.So the other politicians do not like this charter cause they was never involved in the drafting process.

Thais will not vote for it in a referendum simple cause their politicans do not back it up..

No body will even bother to read it they just follow their political movements.

They should have drafted this charter will all groups involved and to debate and come up with an democratic charter.But Thai do not like to debate and discussions so one group with the power made the charter just how it suited them..

Now it gonna be hard to get to support from the citizens..It will never pass a referendum by majority.

[wowfactor10]

So in order to have a referendum for the new charter to get voted for by the majority of the Thais.

Then the General should get the full back up and support in regard with the new charter from all the other political leaders.

Those leaders would only back it up if they could be involved in the drafting so that will mean discussions and debates and amendments in the charter.Just like it goes in real politics in the rest of the world..(compromising)

Or just forget about holding any referendum and shove this up everybody their throat...

[wowfactor10]

So in order to have a referendum for the new charter to get voted for by the majority of the Thais.

Then the General should get the full back up and support in regard with the new charter from all the other political leaders.

Those leaders would only back it up if they could be involved in the drafting so that will mean discussions and debates and amendments in the charter.Just like it goes in real politics in the rest of the world..(compromising)

Or just forget about holding any referendum and shove this up everybody their throat...