^ to #721 (TH)
One must always be cognizant that coupists seeking to frame the products of their coup such as Judges used to solidify and validate their power grab, will be the target of anti-coupists.
To be coup appointed, and then all-of-a-sudden solemnly claim all the respect due normal appointees, doesn't fly.
They are not honored, but are usurpers. They can expect to be treated similarly as the voters were with tanks in the street.
To attach a veneer of respectability to their deliberations and decisions is unearned.
Some taxpayers who objected to their power grab received a bullet in the head. Not in a disabling area of the anatomy, but in the head.
Keeping things in context sheds illuminating light on the machinations of these CC judges.
To sequay from these political realities to historical criminal suppression is disengenuous, and merely a diversionary tactic from issues PADites don't like exposed.
"We have the most votes" means something. Much as these CC judges and PADites try to malign that fact, it is a reality they need to internalize.
They still have not done that, all this time after the election.
Last edited by Calgary; 08-06-2012 at 05:23 PM.
also known as RWA, a trait 100% present in conservatives, moderate or otherwise, sign of the mind of a sheepOriginally Posted by StrontiumDog
While the constitution court is clearly biased, there has to be some respect for the law.
No it doesn't.
Not for coupist law......electoral law is another thing altogether.
But the damage this is doing to the court system here has far reaching implications....and may have severe consequences.
Correcting coupist law and the 'double standards' it bred, is merely repairing damage....not creating it.
[QUOTE]New bunch of judges? Who chooses them?[/QUOTE]
The elected representatives of the people.
Any other questions?
it's getting hilarious, PT and friends are in full paranoid mode, they all starting to sound like Calgary
jesus, what a bunch of deranged freaks, and they want to run a country in that state of mind, perfect condition for the creation of a brutal dictatorship ala Cambodia,
[quote=Calgary;2123151]
New bunch of judges? Who chooses them?[/Umm, have you heard of the saying that's like putting the fox in charge of the hen house Calgary?QUOTE]
The elected representatives of the people.
Any other questions?
That's possibly the stupidest thing you've written yet. Possibly. It has a lot of competition.
Oh and according to the 1997 constitution, this is how the constitution court judges are decided.....
Constitutional Court of Thailand - Wikipedia, the free encyclopedia
Appointment
The Constitution gave the judiciary a strong influence over the composition of the Constitutional Court. Originally, the Court was to have 9 justices comprising six legal experts and three political science experts. A 17 person panel would propose 18 names from among which Parliament would elect the 9 justices. The panel president would be the President of the Supreme Court, the panel itself would have included 4 political party representatives. The CDA finally compromised and allowed 7 of the justices to be appointed directly by the judiciary while the remaining 8 justices would be appointed by the Senate from a list of Supreme Court nominees.
"Slavery is the daughter of darkness; an ignorant people is the blind instrument of its own destruction; ambition and intrigue take advantage of the credulity and inexperience of men who have no political, economic or civil knowledge. They mistake pure illusion for reality, license for freedom, treason for patriotism, vengeance for justice."-Simón Bolívar
Intellectual gobble-de-gook.Originally Posted by Thaihome
Even to the point of visiting the sins of the coupist constitution upon the 1997 version.
Trying to imply that this CC thing is an honorable effort at checks and balances doesn't fly.
Checks and balances using coupist entities do not check and balance. They are merely an effort to project coupist shenanigans into the future, and force them upon an elected Government.
No, it is reality.
Thaksin tried it before. I guess you weren't here then.
He already has complete control of the police here. Of course he has total control of Parliament.
If you think it is a good situation that he can reign unopposed, then all you are doing is advocating dictatorship.
The Constitution Court, created by the 1997 Constitution is one of the essental 'checks and balances' here. The current bunch of judges are clearly biased and compromised, but the actual court itself needs to be kept. Unless you think the 1997 Constitution is somehow wrong too?
Somebody needs to keep those DH's in control.
not in Thailand, it's about those who won dictating everything to those who lostOriginally Posted by StrontiumDog
isn't it wonderful ?
Democracy is simply a framework for choosing and more importantly remove a government without the need for civil wars or messy revolutions.Originally Posted by StrontiumDog
It has nothing to do with the nature of the government that gets elected, democracy does not automatically mean liberal inclusive government, it can just as easily be a dictatorship or hard line religious rule.
For me all an election does is appoint a government with a mandate to run the country, but a duty to run that country taking into account the wishes of the entire electorate. If it fails in that duty, then it should expect trouble. If the government does something seriously wrong, you protest and if necessary attempt to bring it down. It does not matter that the government has a mandate to run the country, it does not matter that they are simply carrying out their electoral promises... you go to the streets.
I have lived though this, I have had to make the choice and been on those streets. It is for this reason I find the faith some people have in the sancity of the peoples mandate, the sanctity of the parliamentary majority, the peoples right to self determination and for some of them the belief that a government should have unfettered power to rule a country very nieve... to the point that for most of them I really don't think in their heart they believe this any more than I do.
And when you were "on the streets", were you consciously acting as a proxy force for a military/royalist conspiracy that had subverted democratic procedure and denied the principle of popular sovereignty for the previous 60 years or so? Your point is a good one, in theory, but we are not "in theory" here, we are in Thailand.Originally Posted by hazz
This thread is making me question ever having given up on calling you people "PADites", because the twisting and squirming and shoveling of horseshit to justify the continued marginalization of parliament, the only representative body in the system of checks and balances being celebrated and distorted here, is precisely what they are about.
Sorry I ever questioned your approach, Calgary.
you seem to be mistaken like our red friends in your definition of Democracy.Originally Posted by hazz
here we go, when everything else fails with your TEFLEr logic, subscribe to Calgary line of thoughtOriginally Posted by mao say dung
soon you will be losing your mind completely
you never questioned it in the first place, you are a raving loon like him, and now you can't hold it no more publicly and need to do your full coming out in loons termsOriginally Posted by mao say dung
Originally Posted by mao say dung
I saw some more evidence of obscure forces "twisting and squirming" to marginalize a Democratically elected Govt. they really don't want.
On a website frequented by Red Shirts this morning, I saw foto's of a gathering of 'Communist' sympathisers in Khon kean.
I didn't even know they existed.
There they were, being addressed by a Government Official.
Ostensibly, they gathered to support the CC judges and the powers behind them.
Who instigated that?........................... We can all speculate about it, but rest assured, it was from the shadows.
So the forces from the shadows we can speculate about, are very actively fomenting disparate groups, with which to stand up to democratic forces and to achieve their objectives via this anti-democratic CC institution.
I keep being reminded that these Judges upon their retirement age of 70, graduate to the "Privy Council".
Over to you!
[QUOTE=Calgary;1861295]But will it absolve the Red-shirts or Thaksin for that matter ????????????Originally Posted by Bangkok Post
There were lots of accusations that we were proxies of the Russians and the revolutionary hard left, that we were fighting for an anti-democratic minority who had successfully taken down elected an government that threatened their interests by attempting to implement its electoral promises and routinely interfered with the sovereignty of parliament in the narrow interests of its membership. Many of these accusations were true and to be honest, my attitude then and now is whats that got to do with it, if I am fighting for a principle I believe cannot be compromised?
As for the padit, coupist accusations, I guess you could be right. After all, in supporting the miners in 1984 I was attempting to overthrow a democratically elected government with a mandate from the people to curtail trade union power and for a trade union that had successfully brought down a government in the 1970's. By the broad definition definition of coup that used in these threads these would be an attempted and successful coup respectively. There's the coupist supporter
It is also arguable that I was supporting an anti democratic minority that were prepared to use the raw power they possessed to force government policy to favour their own narrow interests at the expense of the country as a whole and undermine the sovereignty of parliament. Certainly many conservatives in the UK made this point to me. I guess that might be good enough for a padit accusation.
But what does this make you chaps. Mrs T was a firm believer in the the "right of the elected government to rule", "the sovereignty of the popular mandate" and rather like you she would also bang on about it all the time.
she absolutely believed in the type of democracy that you promote for thailand and given this shared belief in these general principles of democracy; its a bit of a shame that TD wasn't around so that you could tell us that we should be respecting her popular mandate and just let her get on with destroying the trade unions, implementing her unfair taxes and generally turning the uk in to some kind of neocon utopia.
Had the UK's upper chamber and court been less tame, its highly likely that Mrs T would have done a lot less damage to the UK.
Whilst I cannot speak for the others its where my personal belief that parliaments need to have independent upper chambers and courts as a counter balance to the tendency to elect autocrats. Yes these institutions are broken in thailand, but they need fixed and made independent, not abolished.
The twisting and diving you describe me and others doing isn't support of pad and what it stands for, despite the claims I have yet to see anyone on this forum that supports the political aims of PAD. we are simply attempting to get you to consider the flip side of your arguments. Remebr that general principles are not partisan they apply equally to everyone, not just the people you happen to like.
Charter row flounders in legal brawl | Bangkok Post: news
Charter row flounders in legal brawl
Court firm it has power to consider bill petitions
The Constitution Court yesterday insisted it has the power to consider the petitions against the government's charter amendment bill regardless of the state attorney's decision.
Red-shirt supporters collected 20,000 signatures on a petition to impeach the seen Constitution Court judges, then called off their rally in front of parliament. (Reuters photo)
In its statement, the court said the prosecutors have done their duty which by no means affects its authority.
The statement also stressed that the prosecutors' decision indicates the complainants can directly lodge petitions with the Constitution Court under Section 68 which prevents attempts by "persons or political parties" to overthrow the constitutional monarchy.
The court was responding to the Office of the Attorney-General, which also received copies of the petitions, but on Thursday decided against submitting them to the Constitution Court.
The state prosecutors ruled that the government's move to rewrite the constitution was within its authority and that there was no evidence of an intention to use the bill to overthrow the constitutional monarchy.According to the court's statement, the prosecutors' move is also in line with the charter.
- Interview: Stall this bill
"It states clearly that the rights to protect the charter belong to all Thais. So the power [to consider petitions] does not exclusively rest with the attorney-general," the statement said.
"The prosecution's job has nothing to do with the court's power and can't override its power to accept a petition for consideration."
Meanwhile, ruling Pheu Thai MPs slammed the court's decision in a joint House-Senate sitting yesterday. There was no vote on the court's decision yesterday but the session will continue on Tuesday.
Anticipation was high that government MPs would defy the Constitution Court's order and lobby for a vote after the state attorney resolved the charter rewrite bid was legal.
At 6.30pm, parliament president Somsak Kiatsuranont decided to postpone the meeting until Tuesday after hours of debate when some Pheu Thai Party MPs insisted that a vote be called over the Constitution Court's suspension order.
Pheu Thai MP Samart Kaewmeechai led the call for the joint sitting to cast a vote on the court order.
"The issue can't just be acknowledged," Mr Samart said. "I want it to be clear and a precedent set. We should consider if the court's order is in line with Section 216.
Pheu Thai-list MP Wattana Muangsook urged the chamber to move ahead with the third reading of the charter amendment bill.
"The Constitution Court has overstepped its authority," he said.
Pheu Thai's Chalerm Yubamrung spent more than an hour lashing out at the Constitution Court for what he said was bypassing procedural steps.
He also urged the court to dismiss the petitions.
"What is your [the court's] authority to order the parliament, which is one of the three highest powers in the country, to delay its duty even though you have not scrutinised the case," he said in the debate.
Mr Chalerm said Section 291/11 of the proposed charter amendment legislation states that any changes to the country's constitutional monarchy regime are prohibited.
Pheu Thai MP and red shirt leader Korkaew Pikulthong yesterday urged the Constitution Court to back down or face budget cuts.
He said that he was not "negotiating or bullying" the court.
"We are responding using all possible means because the court has seriously violated democratic principles. It has meddled with the separation of powers," he said.
In defence of the Constitution Court, Democrat MP Wirat Kallayasiri, who lodged a petition against the charter bill with the prosecution and the court, said there had been no intervention in legislative powers.
He said that he has been assured by dozens of 2007 charter writers that the petitions can be submitted directly to the court.
"It is impossible that the rights to protect the charter are exclusively exercised by the attorney-general," he said.
Democrat leader Abhisit Vejjajiva insisted yesterday no attempt should be made to push for a third reading of the charter amendment bill.
He also criticised the prosecutors for not doing their job soon enough.
"The prosecutors received the petitions months ago but proceeded very slowly. And this is how they handled it," he said.
Meanwhile, the red-shirt United Front for Democracy against Dictatorship yesterday called off its rally outside parliament against seven Constitution Court judges, saying they had collected 20,000 signatures of people to back the impeachment.
The list of 20,000 people was handed over to the Senate speaker to initiate impeachment proceedings. The list was accepted by deputy Senate speaker Porntip Lohveera.
Pheu Thai MP Weng Tojirakarn said he would like the Senate to proceed with the impeachment bid before July 7 - the day the Constitution Court is scheduled to consider the petition.
He also called on the seven judges to step down to demonstrate responsibility, but not before revoking the suspension order.
About 800 supporters of the Siam Samakkhi and multi-coloured groups gathered at Lumpini Park yesterday to show their support for the Constitution Court judges.
Last edited by StrontiumDog; 09-06-2012 at 03:18 PM.
Constitution Court was only 'doing its duty' | Bangkok Post: news
In PRINT
Constitution Court was only 'doing its duty'
Controversial order was made because allegations raised in petitions were too serious to ignore
Constitution Court president Wasan Soipisudh defended the court's decision to accept for examination petitions against the charter amendment bill and to order parliament to suspend the third reading until the court has completed the job, reported Post Today.
Constitution Court president Wasan Soipisudh says the court was well within its rights to accept the anti-amendment petitions for consideration.
Mr Wasan said the issue was grave but it did not mean the court will immediately rule in favour of the plaintiff who also petitioned the Attorney-General's Office and the Administrative Court to look into the case.
He said the court was within its rights to accept the petition for consideration. It did not issue the order for parliament to comply, but was just informing the Office of the House of Representatives to tell the parliamentary president about its decision. Whatever action the parliament decided to take was its own responsibility.
"They will have to accept the responsibility in the future [if they defy the court's injunction]. I would not meddle as it is the parliament's affair. I would not want to be accused of lecturing them."
Now the court will examine the petition to see whether there is any merit to the plaintiff's allegation that there was an attempt to topple democracy and the constitutional monarchy, he said, citing the Constitution's Section 68. If the court finds in favour of the plaintiff, it could issue an order to stop the action, which may or may not include dissolving a political party.
"I don't want to talk about dissolving a political party, as it is still too far off," Mr Wasan said. "Right now, I don't even know whether the accused will come to the court to testify. Just accepting the petition for consideration has already generated a lot of problems."
He urged the accused not to boycott the court as the court will not be able to gather the information to determine whether the plaintiff's case is justified or not.
Since the plaintiff's allegation is serious, the court could not sit tight, but had to accept the case for consideration to ascertain the facts. It will not damage the country if parliament cooperates and postpones the third reading for one month.
Mr Wasan explained that the court accepted the plaintiff's petition for consideration because the court deemed it was feasible that the constitutional monarchy could be toppled as the new constitution could be written in any manner by the constitution drafting assembly.
The court's critics point out that a constitution drafting assembly drafted the 1997 Constitution with no problems. Mr Wasan noted during that time the country was governed under the 1991 Constitution which had only a constitution panel to make a ruling on whether any law was against the constitution. The 1991 Constitution also did not have any provision for an individual's rights to protect the charter.
So the 1991 Constitution could be amended in any manner without an objection. But the 1997 Constitution established a constitution court and there was a provision to grant a citizen's rights to protect the constitution. The circumstances are not the same.
About critics' observation that the Constitution Court was a political tool of the ammart (the elite), Mr Wasan wanted the critics to name names, saying whoever becomes a judge must base his ruling on legal codes and the evidence and facts presented.
Mr Wasan said he could not say whether the parliament would face any consequences if it defied the court's injunction as MPs believed they were capable.
Mr Wasan said all of the judges are worried about divisiveness.
"Those who accuse the court of double standards don't even know what it means. Double standards means two identical cases being given different verdicts. Those who always cite 'double standards', thinking it is clever and trendy, don't possess any intelligence."
Don't trample charter
As long as the 2007 Constitution is in force, any ruling by the charter court is final. There is no appeal and there is no other authority to counter it because Section 216 says "the Constitution Court's ruling is final and binding for the parliament, cabinets, courts and other government organisations", noted a Thai Rath writer.
Those who are displeased with a court ruling and decide to protest against it either do not know or are pretending not to know that they are acting against the constitution.
The Pheu Thai Party's Chaturon Chaisaeng's criticism was only a personal opinion with no standard to back it. It was only rhetoric, designed to please the "Big Boss", said the writer.
It was true any criticism of the court's ruling would not incur any punishment except showing the speaker's own stupidity or bull-headedness to the public. However, if the parliament president decided to defy the ruling and proceed with the third reading of the constitution amendment bill, then a wrongful act would result.
Such action was obviously against the constitution. The parliament president, deputy presidents, MPs and parliament officials who organised the meeting would be held accountable.
Would Somsak Kiatsuranont, House speaker as well as parliament president, dare to defy the court's injunction? Thai Rath did not think so. Nor did the prime minister who needs to tread carefully.
Thai Rath ridiculed the attempt by red-shirt leaders to gather signatures to submit to the Senate to impeach all of the Constitution Court judges except for Chat Cholaworn, the single voice which opposed the decision, as being no more than a bad joke.
With such outright hostility, there is no reason to doubt that if a new Constitution is written, the fate of the charter court would be dire indeed.
If the Constitution Court could be meddled with, would the Administrative Court and the court system be spared? Don't even talk about other organisations - government or non-government - whose social prestige and status are even less. They would be trampled and totally dominated by political goons, concluded Thai Rath.
Section 216 says considerably more than that, I have yet to see it quoted in full.Originally Posted by StrontiumDog
Section 216. The quorum of judges of the Constitutional Court for hearing and rendering a decision shall consist of not less than five judges. The decision of the Constitutional Court shall be made by a majority of votes, unless otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a decision on his own part and make an oral statement to the meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof shall be published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the background or allegation, summary of facts obtained from hearings, reasons for the decision on questions of fact and questions of law and the provisions of the Constitution and the law invoked and resorted to.
The decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organs.
The rules and procedure of the Constitutional Court shall be in accordance with the organic law on rules and procedure of the Constitutional Court.In the Thai version I've highlighted the word that the constitutional court seem to be having such difficulty with, it's และ, laae, meaning "and". The Constitutional Court seems to think it means "or". Also note that "decision" refers to a verdict, no verdict has yet been given as there has yet been no trial. Section 216 does NOT (yet) apply under current circumstances.มาตรา ๖๘ (การล้มล้างการปกครองระบอบประชาธิปไตย)
บุคคลจะใช้สิทธิและเสรีภาพตามรัฐธรรมนูญเพื่อล้มล้าง การปกครองระบอบ ประชาธิปไตยอันมีพระมหากษัตริย์ทรงเป็นประมุขตามรัฐธ รรมนูญนี้ หรือเพื่อให้ได้มาซึ่งอำนาจในการปกครองประเทศโดยวิธี การซึ่งมิได้เป็นไปตาม วิถีทางที่บัญญัติไว้ในรัฐธรรมนูญนี้ มิได้
ในกรณีที่บุคคลหรือพรรคการเมืองใดกระทำการตามวรรคหนึ ่ง ผู้ทราบการกระทำดังกล่าวย่อมมีสิทธิเสนอเรื่องให้อัย การสูงสุดตรวจสอบข้อ เท็จจริง และ ยื่นคำร้องขอให้ศาลรัฐธรรมนูญวินิจฉัยสั่งการให้เลิก การกระทำดัง กล่าว แต่ทั้งนี้ ไม่กระทบกระเทือนการดำเนินคดีอาญาต่อผู้กระทำกา ร ดังกล่าว
ในกรณีที่ศาลรัฐธรรมนูญวินิจฉัยสั่งการให้พรรคการเมื องใดเลิกกระทำการตามวรรคสองศาลรัฐธรรมนูญอาจสั่งยุบพ รรคการเมืองดังกล่าวได้
ในกรณีที่ศาลรัฐธรรมนูญมีคำสั่งยุบพรรคการเมืองตามวร รคสาม ให้เพิกถอนสิทธิเลือกตั้งของหัวหน้าพรรคการเมืองและก รรมการบริหารของพรรคการ เมืองที่ถูกยุบในขณะที่กระทำความผิดตามวรรคหนึ่งเป็น ระยะเวลาห้าปีนับแต่วัน ที่ศาลรัฐธรรมนูญมีคำสั่งดังกล่าว
Last edited by DrB0b; 09-06-2012 at 05:03 PM.
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