Renew British Passport: Appointment Blocked

[webfact]

BURNING ISSUE
Why law experts will likely shun charter-drafting team
ATTAYUTH BOOTSRIPOOM

BANGKOK: -- NOW THAT the National Reform Council has rejected the former Constitution Drafting Committee (CDC)'s draft charter, it will be difficult to find people who will be willing to help write a new constitution draft.

The old group of drafters, headed by Borwornsak Uwanno, spent almost a year completing their job. But heavy lobbying within the NRC resulted in their hard work being rejected by the majority of the reform council. Many NRC members from the military voted against the constitutional draft.

Due to the current situation, many qualified persons have opted not to join the process of drafting a new constitution. Some of them are afraid that their several months of hard work might end up like that of Borwornsak and his team.

It is still unclear as of now who are to become the 21 new drafters, particularly the chairman of the new CDC. According to some government figures, the first qualification for the chairman is a good understanding of the National Council for Peace and Order's demands.

Former Senate speaker Meechai Ruchuphan is one of the top candidates for new CDC chairman. It was reported that he had declined an invitation to join the new CDC, but he has not been completely ruled out as long as he does not say so publicly.

Meechai, 77, a respected legal expert, is a key adviser to the NCPO. He is highly likely to write a new constitution in a way that pleases the junta. However, age may not be on his side. Meechai has not made it clear whether he wants to do this job. If the next draft also fails to pass the national referendum, it will be a dent in his long list of achievements.

That is why some people have turned to Wissanu Krea-ngam, the deputy prime minister in charge of the government's legal affairs. However, if he agrees to do the job of leading the new CDC, Wissanu will have to resign his Cabinet post, according to the post-coup interim charter. Judging from his experiences, Wissanu is well qualified for the job. It depends on him whether to accept it when offered.

In fact, the government still needs a legal expert like him to work in the Cabinet, so Wissanu may not be one of the new constitution drafters.

A recent remark about the new constitution by General Prayut Chan-o-cha, the prime minister and the NCPO chief, may have portrayed a future charter if the draft by the new CDC fails to pass a plebiscite.

General Prayut said that if the charter draft fails to pass referendum, the previous constitutions of 1997 and 2007, as well as the rejected drafts, would be "improved" before being promulgated. This would leave voters with two choices - a new draft that may not be perfect for them and a mixture of provisions from different constitutions and charter drafts.

Such a situation is a deja vu. In the referendum on the 2007 constitution, the voters at that time also had to choose whether to vote for that draft or to allow the junta and its post-coup government to pick one of the country's previous constitutions if the draft was rejected in the plebiscite. At that time there was a campaign for voters to approve the draft "or we may get something worse". Finally, that constitutional draft got majority support.

A similar situation may happen again this time. However, if the new CDC's draft eventually fails to pass the referendum, the NPCO is empowered by the amended interim charter to promulgate its version of a new constitution. The legitimacy of that constitution may be questioned, but at least the powers-that-be get a new constitution that pleases them. Prayut recently said that, "I have made the country peaceful and it can move forward. So I should have the right to add my input."

There will certainly be an election whether the new charter draft passes the referendum or not. And either way, the powers-in-charge will get what they want in the new constitution.

They have made it clear that they want the new CDC to write the new constitution in a way they like (these requirements are stated in the interim charter). If the new draft is rejected in the referendum, they will write a new constitution themselves.

Source: http://www.nationmultimedia.com/politics/Why-law-experts-will-likely-shun-charter-drafting--30268953.html


-- The Nation 2015-09-17

[Srikcir]

"I have made the country peaceful and it can move forward. So I should have the right to add my input."

Prayut input = 1

Registered Thai voter's input = 40,000,000

Looks like a tie at best.

[heybruce]

"Such a situation is a deja vu. In the referendum on the 2007 constitution, the voters at that time also had to choose whether to vote for that draft or to allow the junta and its post-coup government to pick one of the country's previous constitutions if the draft was rejected in the plebiscite. At that time there was a campaign for voters to approve the draft "or we may get something worse". Finally, that constitutional draft got majority support."

Of course people who talk about the 2007 constitution being "approved" by the public ignore the circumstances. No doubt they will also ignore the circumstances under which any constitution produced by the junta will be "approved".

"A similar situation may happen again this time. However, if the new CDC's draft eventually fails to pass the referendum, the NPCO is empowered by the amended interim charter to promulgate its version of a new constitution. The legitimacy of that constitution may be questioned, but at least the powers-that-be get a new constitution that pleases them. Prayut recently said that, "I have made the country peaceful and it can move forward. So I should have the right to add my input."

There will certainly be an election whether the new charter draft passes the referendum or not. And either way, the powers-in-charge will get what they want in the new constitution."

Now lets hear from the junta enthusiasts who will insist that all this is a good thing. Or perhaps they will do the "But, but, but.....Thaksin!" response again.