Government MPs have an interesting legal case against the Constitution Court for stepping into parliament's business and ordering a halt to debate on constitutional amendments.
But now that the court has issued its order, the Pheu Thai Party must back off and delay the bill, just as the court says.
Defying the court at this point is a lose-lose proposition for both the government and the country. Whether judges have overstepped their authority is a matter that can be put off for now, just like the bill to amend the constitution.
On Friday, the court ordered parliament to halt debate on the bill to amend the charter. Judges ruled they wanted to study the government-backed bill in detail, and said they would need until at least next month to decide. Their decision to issue an order to parliament was seven to one, after judges looked at petitions from several opposition politicians, including Senator Somjet Boonthanom and Democrat Party MP Virat Kalayasiri.
Government MPs, notably Deputy House Speaker Charoen Chankomol, were appalled and opposed to the court's sudden attempt to block the bill.
A final vote has been scheduled for Friday. A Pheu Thai majority could ensure that parliament passes the bill to amend Section 291 of the constitution. The bill would enable the government to move ahead with plans to amend the 2007 military-dictated constitution, or even to rewrite it completely. The current charter effectively forbids any amendments.
Mr Charoen said on Sunday that he believes the court has seriously overstepped its authority by issuing an order to a separate branch of government. He and Pheu Thai lawyers quickly concluded that the court has no power or right to order parliament.
Legally, Mr Charoen appears to be on strong ground. There is also strong reason to criticise the court, which admitted in its ruling last week that it has taken up the issue for reasons that are more political than legal.
Yet this is not the time nor the place for parliament or the government to defy the court. For the same political reasons that drove the court, Mr Charoen and Pheu Thai should put the amendment bill to one side for a few more weeks.
Thaksin Shinawatra put the issue clearly. In his attempt to fire up his red shirt followers last Saturday, Thaksin said it now depends on parliament leaders "whether to follow or defy the court's order". Thaksin, like Mr Charoen and others, obviously wants to ignore the ruling, but that would be the wrong decision.
If the government chooses to take the low road over some imagined clash of separation of powers with the court, it risks a lot. A major outcry and more street demonstrations will result. The government will be even more vulnerable to charges of trying to ram through bills on behalf of Thaksin, without any public vetting.
By putting off the vote, Pheu Thai and the government can have it both ways. They can complain about the court while refusing to pander to calls to drop respect for a high court and its judges. Their only cost for doing the right thing would be to lose a few weeks in their long-term plan to change the constitution.