Thai CDC agrees to let Supreme Court handle ethical issues affecting politicians

[webfact]

CDC agrees to let Supreme Court handle ethical issues affecting politicians

BANGKOK, 9 March 2016 (NNT) - The Constitution Drafting Commission has decided to let the Supreme Court handle all ethical issues concerning politicians after the new charter takes effect.

CDC spokesman Udom Ratamarit said that the charter drafters have already made changes to Section 11 of the draft Constitution, which focuses on the role and the power of the Constitutional Court.

Mr. Udom said that the CDC decided to transfer the ultimate decision making power in cases, where neither the new charter clearly indicates nor traditional practices dictate the nature of proceedings, away from the Constitutional Court to avoid criticism.

He said that, were such power left with the Constitutional Court, some may claim that the charter drafters intended to make this court more powerful than it should be.

Under the change, Mr. Udom said that the President of the Constitutional Court will need to invite the President of the House of Representatives, the President of the Senate, the President of the Supreme Court, the President of the Supreme Administrative Court, the presidents or chiefs of related independent organizations as well as the Prime Minister to discuss the issue and find a solution together.

In addition, should there be any case related to unethical conduct by politicians, the Constitutional Court won't be the place where the proceedings take place, while the National Anti-Corruption Commission will need to launch and complete an investigation before filing the case in the Supreme Court to make the final ruling.


-- NNT 2016-03-09

[tbthailand]

busy building their replacement mechanisms....

[Caveat Emptor]

I just love stories with the words ethics and politicians in the same sentence.

Hans Christian Andersson and the Brothers Grimm have nothing on LoS.

[2fishin2]

Nice that the constitutional court has the privilege. Who appoints these judges?

[worgeordie]

When things return to normal ?, they are going to be busy.

regards Worgeordie ethical + politicians has to be a oxymoron.

[Srikcir]

Nice that the constitutional court has the privilege. Who appoints these judges?

They originated from earlier military coups and self-perpetuate themselves.

The Thai electorate has no involvement in their selection and appointment.

[Srikcir]

were such power left with the Constitutional Court, some may claim that the charter drafters intended to make this court more powerful than it should be.

By leaving the Supreme Court with such additional power, the charter drafters intend to make it more powerful than it should be.

Why doesn't that seem not to be any better?

In either case the Thai electorate is left out of the decision-making process. And that's no accident.

[phoenixdoglover]

It is a mistake to equate ethics violations with high crimes that must be adjudicated by the supreme court. This is a significant defect in the proposed Charter that will certainly perpetuate abuse of power and partisan conflicts. Mission accomplished, NCPO.

[halloween]

Nice that the constitutional court has the privilege. Who appoints these judges?

They originated from earlier military coups and self-perpetuate themselves.

The Thai electorate has no involvement in their selection and appointment.

But their elected representatives do, which is the whole concept of representative government. If you are advocating direct election of judges, and here we are discussing Supreme Court judges, why don't you give some evidence of why this is preferable, and countries that follow this method.

OTOH some judges ARE elected in the USA, where even dogcatchers chase votes, and that system is widely criticised by its own jurists. "problems with elected judges" only gives 32,300,000 results.

[halloween]

It is a mistake to equate ethics violations with high crimes that must be adjudicated by the supreme court. This is a significant defect in the proposed Charter that will certainly perpetuate abuse of power and partisan conflicts. Mission accomplished, NCPO.

In Thailand anybody with enough money runs their case all the way to the Supreme Court as there doesn't appear to be any filtering system. But you think that ethics violations by the most powerful people in the country don't warrant it. Care to explain why?