The Charter Drafting Committee (CDC) has proposed making it easier for citizens and political groups to prevent sweeping changes to the political structure.
Under the 2007 charter, groups could petition public prosecutors when they believed a political party was attempting to reconstitute the political system — that is, changing the composition of the parliament, shifting election rules or even uprooting the constitutional monarchy.
The CDC's proposal, under a chapter of the new charter called "Right to Protect the Constitution," would allow parties to challenge such efforts directly with the Constitutional Court without having to go to prosecutors first.
But it would also prevent excessive retribution, stripping the court its power to dissolve entire political parties for attempting to overthrow the system.
Individual members, however, could still face criminal charges if they are found guilty, Lertrat Rattanawanich, the CDC spokesman, said yesterday after the changes were discussed.
Section 68 of the 2007 charter stipulated that no one could exercise their constitutional rights to overthrow the constitutional monarchy, the democratic regime or to acquire power to rule the country in a way not specified by the constitution.
If a politician or party attempted to do so, anyone had the right to ask public prosecutors to submit a motion to the Constitutional Court for an order stopping the move. The court could also shut down the political party.
Gen Lertrat said although the CDC has removed the court's power to dissolve parties, it is considering an increased penalty for individual politicians, including criminal charges and banishment from politics.
The court's dissolution powers are retained in other clauses. The CDC says the changes are a response to the hostile politics of previous governments in which complaints were submitted to prosecutors who would drop them out of hand.
Under the new plan, the Constitutional Court would have broad powers to thwart attempts to undermine the new charter, including ordering a freeze on those involved in the campaign.
However, Gen Lertrat conceded that several CDC members had raised concerns that allowing people to file a petition to the Constitutional Court directly would overload the court.
"Even the charter amendment process was interpreted by the court as overthrowing the democratic regime, so empowering the court should raise flags," said a CDC member who disagreed with the proposal.