Charter push a risky game

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ANALYSIS: Expect fireworks as govt today embarks on process of changing constitution

Published: 9/02/2012 at 08:38 AM
Newspaper section: News

The chorus of dissent is likely to grow louder when the government's plan seeking to establish a Constitution Drafting Assembly is set in motion.

The government is expected today to submit a motion to amend Section 291 of the charter to pave the way for a charter rewrite.

Under the proposed amendment, 77 CDA members will be elected in all provinces by voters and 22 others will be picked by parliament.

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Writer: Mongkol Bangprapa & Aekarach Sattaburuth

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pjt
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Discussion 12 : 09/02/2012 at 02:10 PM12
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We want the Constitution to be a statement about our country which rises above politics and indeed (and especially) governs our politicians by laying out the governance process as well as the rights and duties of the people - we had that in 1997 throgh a wide consultative process. When we elect the 77 CDA members we should also include a referendum question as to whether we wish to readopt the 1997 Charter forthwith. The CDA job would then be to propose amendment and justify amendments to that Charter through the process laid out therein
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johninbkk
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Discussion 11 : 09/02/2012 at 12:59 PM11
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The Dems rewrote 3 different election-related sections of the 2007 Constitution right before the election without a referendum - and they didn't complain then!

The 2007 Constitution: written by a military coup government, makes 50% of the government unelected, allows full 100% censorship of any media critical of the ruling government, bans trial by jury, gives 10 coup-appointed judges power to remove the government and rewrite any law, allows for secret trials, makes the military nearly independent of any oversight, does not allow national referendums to modify it, can be changed with just 51% vote by politicians, is often too ambiguous allowing judges to interpret it as they like . . . the list of flaws go on and on . . .
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jacksprat
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Discussion 10 : 09/02/2012 at 12:06 PM10
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It is bizarre that whatever political faction happens to be in power gets to rewrite the Thai constitution to benefit themselves. Even stranger is the fact that no one seems to think this is "unusual". The United States has had the same constitution for over two centuries, only adding amendments when needed. The UK's "unwritten constitution" is far older than that. Thailand's constitutions seem to last about as long as it takes for another faction to get into control. It would save time if each party wrote its own constitution, which would be used whenever they are in charge.
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dao
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Discussion 9 : 09/02/2012 at 09:44 AM9
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Constitution was originally written to protect the country against what PT is trying to .It is written for the people not for corrupt politicians trying to get off their criminal charges .Even if they railroad the charter through does Thaksin seriously think he is just going to walk into Thailand like nothing happen ? I guarantee you he looks over his shoulder many times a day even with the North Korean security guards .
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ron1947
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Discussion 8 : 09/02/2012 at 09:20 AM8
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In my opinion a new charter is best adopted if they meet the following two conditions:a clear majority of all voters nationwide who vote approve the changes and the majority of votes in the majority of the provinces also approve the changes. By that I mean that the majority in each province in the majority of provinces approve the charter changes.
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Renaissance
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Discussion 7 : 09/02/2012 at 09:05 AM7
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There you are. This is why Thaksin supports the idea of a committee: "77 CDA members will be elected in all provinces by voters and 22 others will be picked by parliament." He'll use his money to get the "right" people chosen in the provinces and he'll tell Yingluck who the 22 should be.
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bkposter
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Discussion 6 : 09/02/2012 at 08:31 AM6
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When the PT is in power they try to amend the rules to give them a little advantage,,,,same as the DP did when the military gave them power. There is nothing new here, it is business as usual in both parties.
What is new is that PT is trying to curb military influence in government via coups. I predict they will meet with a military resistance..right mr Jataporn?
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whatajoke
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Discussion 5 : 09/02/2012 at 08:29 AM5
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Hill Farang and Ricefields, you both inadvertently reveal the flaw here; A charter written with a military pen for the best interests of the military and establishment is wrong, but a charter written with a Peau Thai/Red pen for the best interests of Shinawatra/red gang is apparently right? Don't try to dress it up as democratic because it involves provincial representation, because such a charter could just as easily become an Isarn charter since they have the largest block of provinces. What's going to happen here is this govt is sponsoring a re-write that suits them, rather than the country in an holistic manner, using their power at the ballot, ultimately it will be flawed, so we will need another coup or another re-write (once their opponents are in power) to set it right/wrong again? Going around in circles here...
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geoffo
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Discussion 4 : 09/02/2012 at 08:06 AM4
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All this just to get TS a free pass. Amnesty is not exoneration.
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hillfarang
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Discussion 3 : 09/02/2012 at 07:36 AM3
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"It will be dominated by Pheu Thai. We aren't sure if the amendment will extend to cover sections concerning independent public agencies or the institution of the monarchy," he (DEMOCRATS) said.

So what's the big surprise; they ARE the elected government.

Interesting analysis = charter re-write is "OK" post coup, but now, after an election & new government, it is "dangerous." Democracy, anyone?
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