Charan: Constitutional Court not independent organization

BANGKOK, 22 November 2015 (NNT) - Constitutional Court judge Charan Phakdithanakun has voiced support for the idea to separate Constitutional Court from a chapter pertaining to independent organizations.

Mr Charan said it was a great idea not to have the Constitutional Court listed as an independent organization in the permanent charter.

The Constitutional Court should be considered and treated as a component in the judicial branch, according to Mr Charan, adding that duties and roles of a court and an independent organization are nothing alike. An independent organization has authority to scrutinize the use of power by the administrative branch, the legislative branch, and the judicial branch which includes the Constitutional Court; therefore, he said these two should be listed in two different chapters.

-- NNT 2015-11-22

No truer word has been spoken.

Example; Constitutional Court states that PTP government can amend Constitution on an article by article basis. PTP government does so. Constitutional Court finds PTP government guilty of undermining the constitutional monarchy under article 68 - based on their "interpretation" of the constitution. NB when Abhisit changed the constitution wrt to the number of MP's and increased the party list MP's to 125, not a word was uttered by the Constitutional Court.

See http://asiancorrespondent.com/2012/06/thailand-how-the-meaning-of-and-starts-a-constitutional-crisis/

and now we are where we are today

The funny bit was the gymnastics they performed to Interpret the word. "and"

http://asiancorrespondent.com/2012/06/thailand-how-the-meaning-of-and-starts-a-constitutional-crisis/

Edited November 22, 201510 yr by Thai at Heart

The constitutional court is independent , independent of intimidation................

Certainly, classifying the court as an "independent organization" seems wrong. Its role seems to be to find justifications for decisions and actions of the Thai elite. Placing it under the military might be the most logical idea.

Certainly, classifying the court as an "independent organization" seems wrong. Its role seems to be to find justifications for decisions and actions of the Thai elite. Placing it under the military might be the most logical idea.

So you think the military are separate from the elite? Seriously??

Whatever they decide they need judges that are adaptable as the constitution rarely last more than a few years in this country.

What about the privy council? What role do they play in the new constitution and constitutional court?

What about the privy council? What role do they play in the new constitution and constitutional court?

Dangerous ground : would urge everyone to resist comments about the Privy Council. That would be skating very close to lèse-majesté territory.

With a Supreme Court why is there even a Constitutional Court?

The CC should be melded into the Supreme Court as the highest court of the Land and, as Charan suggests, becomes part of the judiciary. This would be especially pertinent in times when there is NO Constitution aside from the frequent military junta charters. And I don't think the juntas need any Constitutional Court to decide the legality of junta charter provisions.

well, he has a point, the cc is not independent.

Not a word about the judges selection process? The internal appointment of judges are questionable since the 2006 constitution revision. The reduction of members and also the exclusive appointment by the judiciary contrast with the bigger number of members with selection from the judiciary and upper house from the 1997 constitution. Reasons enough for the public mistrust.

Who or what is independent here ?