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Draft seen as a flawed compromise: expert
WIRAJ SRIPONG
THE NATION

Henning Glaser, Director, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG), Faculty of Law, Thammasat University

BANGKOK: -- THE DRAFT CHARTER is seen as a compromise among the drafters themselves, according to Henning Glaser, an expert in constitutional law at Thammasat University.

"There is no blueprint for a perfect constitution. However, I wonder whether this draft charter is the answer for Thai society [since the drafting process did not take into account the opinions of all stakeholders]," said Glaser, who is also director of Thammasat University's German-Southeast Asian Centre of Excellence for Public Policy and Good Governance (CPG).

Glaser pointed out that the modus operandi of this new draft constitution was to enable the country to move forward despite existing political tensions and social conflict.

Since the reconciliation process takes time, the Prayut Chan-o-cha regime will implement several policies deemed necessary for socio-political and economic development, Glaser remarked.

The German expert, who has been living in Thailand for eight years, said it was a Herculean task to write a constitution that would satisfy every stakeholder under the current political context. Therefore, the best solution is to keep the status quo and political order so as to avoid government dysfunction.

'NSRRC a sword of Damocles over elected govts'

He called this drafting process a "dilatory compromise" agreed among drafters to maintain stable political order in the country. This process, however, has put some stakeholders out of the loop, notably the red-shirt group.

Speaking about the content of the constitution, Glaser highlighted the lack of an efficient centre of legitimate power as the main weakness of this draft charter.

"The power of the prime minister is weak, as well as the power of the parliamentarians. Under the new constitution, the [political watchdog or] 'independent bodies' would have an increasing role in scrutinising policy-implementation. When having [such] a weak backing from the parliament, the government would have no incentives to push through the realisation of policies," Glaser said.

"That is why politicians — be it from the Pheu Thai or Democrat parties — strongly oppose [the draft charter]. This might lead to a situation where elected voices would have no say in politics," Glaser said.

As a result, political groups like the People's Democratic Reform Committee (PDRC) and United Front for Democracy against Dictatorship (UDD), aka red-shirt movement, were also against the draft.

Glaser also criticised the inclusion of the National Strategic Reform and Reconciliation Committee (NSRRC), which is enshrined in the draft to take power in the event of a political or economic crisis.

This was an exceptional approach to crisis management in which a committee could take the power of the government in times of emergency, he said. And the crisis committee had a very low threshold to take over decision-making power.

Article 280, part of the transitional provision, stipulates that the NSRRC can consult with the presidents of the Constitutional Court and the Supreme Administrative Court before taking the decision to intervene in a time of crisis.

This could only come after the committee, which is made up of 23 members, decides by a two-thirds majority when at least more than half of its members are present.

This could be seen as a sword of Damocles over any elected government's head, Glaser said.

As for the fate of the draft, he believed that even if it was approved by the National Reform Council, the draft would still be rejected in a referendum due to its controversial content.

Source: http://www.nationmultimedia.com/politics/Draft-seen-as-a-flawed-compromise-expert-30267790.html


-- The Nation 2015-08-31

[Praematura]

Wonder what he really thinks.

[MK1]

So what he's essentially saying, reading between the lines, is forget about changing the consitution or even perhaps to the extent of having elections back to democracy, just leave thing's as they are to avoid Government dysfunction not to mention civil unrest. I can live with that; but many will not in the long run.

Edited August 31, 2015 by MK1

[FangFerang]

"That is why politicians — be it from the Pheu Thai or Democrat parties — strongly oppose [the draft charter]. This might lead to a situation where elected voices would have no say in politics," Glaser said.

No shit, SHerlock. The new Constitution makes Political Coups simple as somtam, just not as savory.

This government is far worse than the last one. This government is intent on a permanent power grab.

They just plan to rotate people in and out of appointed committees.

If the Thai people are happy with this in five years, it will be because porcine omnivores will then be naturally airborne.

[heybruce]

The draft constitution--heavy on the flaws, democracy severely compromised.

[Srikcir]

Keeping the status quo and political order also has the advantage of ensuring that the Thai people will not have their sovereignty back - their liberties and rights. From the NCPO perspective that looks perfect.

[phoenixdoglover]

Speaking about the content of the constitution, Glaser highlighted the lack of an efficient centre of legitimate power as the main weakness of this draft charter.

"The power of the prime minister is weak, as well as the power of the parliamentarians. Under the new constitution, the [political watchdog or] 'independent bodies' would have an increasing role in scrutinising policy-implementation. When having [such] a weak backing from the parliament, the government would have no incentives to push through the realisation of policies," Glaser said

I think the above summarizes pretty well 1/2 of the story.

The other half is the "elephant in the room".

If parliament and the PM will be weak under the Charter, then who will be strong?

Perhaps someone could ask General Prayut that question.

Edited August 31, 2015 by phoenixdoglover