Pheu Thai in court-ordered quandary

COMMENTARY

Published: 19 Jul 2012 at 00.00
Newspaper section: News

The Constitution Court's ruling on Friday is putting the government and Pheu Thai Party in a difficult position in its push for charter amendment as all the choices to move the case forward pose major problems.

About 30 red-shirt supporters from Pathum Thani burn coffins and pictures of Constitution Court judges outside the court on Chaeng Watthana Road on Friday to protest against the court’s charter amendment bill ruling. The ruling has left the Pheu Thai Party in the thorny position of having to choose between some unpalatable routes for amending the constitution.

The court recommended a public referendum be held to ask people whether they agree to change the entire charter as the original was approved by a referendum before enactment. It also suggested that partial amendments be made section by section in parliament in which case there might be no need to hold a referendum at all.

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SteveCM
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Discussion 10 : 19 Jul 2012 at 20.3810
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onlyasking (#9)- "I also believe a two third majority in parliament should be needed to change the constitution."

A good suggestion - aka a "super-majority". Note that the 416 out of 650 voting in favour of the govt's amendment bill before the CC intervened is already 64%. With that in mind, a "super-super-majority" (75%) is maybe a better (longer lasting) proposition. Naturally, this stipulation would need to be included in a new constitution that would itself go through a recognisably valid approval/adoption process. For added protection, I'd also suggest that any repetition of Section 309 (effectively giving coup-makers immunity) be excluded from inclusion in any future version.
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onlyasking
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Discussion 9 : 19 Jul 2012 at 18.079
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Why do Thailand rewrite it's constitution every couple of years? A constitution should be written in such away that only small modifications should be needed as time go by. I also believe a two third majority in parliament should be needed to change the constitution. If this is done it will force the ruling party to co-operate with opposition parties to make changes (assuming that the ruling party don't have a two thirds majority).
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genii
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Discussion 8 : 19 Jul 2012 at 17.598
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AT this point PT can do just about anything they like with the bill so it is not between a rock and a hard place. The bill was cleared by the court so even if they continue the third reading there is no justification for petitions. Protest and demonstrations can be expected whatever PT does.
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SteveCM
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Discussion 7 : 19 Jul 2012 at 15.507
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"...Pheu Thai, which promised during last year's election campaign that this issue [charter reform] would be high on its agenda if it was elected to govern the country".

Good to see this clearly stated - a point often ignored by many posting comments & even some writing columns for this paper. Next we may see someone explaining how - nearly a year after this govt took office - a vote by 416 out of 650 is a "ram-rodding rush".
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bern1005
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Discussion 6 : 19 Jul 2012 at 12.196
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While I welcome the useful analysis and wise words , I was puzzled by the statement that "At least 23 million out of 46 million votes are needed in a referendum to receive a mandate from eligible voters on this issue."
In fact there were only 14,727,306 votes in favour (57.81%) at the last referendum. Perhaps he refers to the minimum turnout? [at the last referendum 25,978,954 voted out of 45,092,955 registered voters]
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Eric
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Discussion 5 : 19 Jul 2012 at 11.395
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Putting in proper perspective, the referendum only requires a majority percentage to win. To say that it requires 23 M out of 46 M is quite misleading. The '07 referendum turnout is about 26 M with 57% for and 45% against. Re-writing article 68 will not abolish the court as the government only aim to strengthen the legal terms for the AG to investigate before the CC can take up the case. And 309 is not on PT immediate agenda as they have said. It is explosive and will give fuel to the opposition and will also antagonize the military. Still overall the constitution must be re-written to return to the electoral system and avoid the volatile and easily manipulated party dissolution.
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ringmaster
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Discussion 4 : 19 Jul 2012 at 11.084
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If PT finds themselves themselves between a rock and a hard place then perhaps they should consider growing a spine. They should go on the offensive. It wouldn't be a hard sell to the public that the 2007 Constitution is seriously flawed. The CC proved that in this latest brouhaha. Anytime a court has to hold a press conference to explain their interpretation of the constitution then that document has problems. Besides, an all out campaign by PT and it's coalition parties vs that by the Dems and the PAD with their election records...? My money's on PT.
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pjt
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Discussion 3 : 19 Jul 2012 at 07.383
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Seems pretty clear that if the government proceeds with the third reading then this will be challenged and the court asked to rule if a referendum is required first - likely answer being yes. To me the biggest reason for a referendum is PT have to explain areas they think should be changed and why - in an open transparent way in order to get support. Their secretiveness and failure to do this has fuelled the widening gap between the parties on this matter
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oldairman
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Discussion 2 : 19 Jul 2012 at 06.282
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D1@whatajoke
I agree 100% with what you have said except for the last sentence.

Whilst they are making their own bed, sadly the whole country will have to lie in it, like it or not.
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whatajoke
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Discussion 1 : 19 Jul 2012 at 04.511
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The Yingluck government is between Thaksin's rock and the hard place of Thai politics. If they are out to 'win' their way, as apposed to doing what most the country wants, they will fail. Hold the referendum and they will soon know if the two are compatible. Otherwise amend by section so we can scrutinise the integrity of the process. Nothing is stopping them from doing this properly. Of course the Peua Thai MPs see the court as their enemy, it's getting in their way. The harder they try the more the butt heads with the courts, and the more their impatience and hidden agendas are exposed. It's an exercise in futility that will ultimate shed this parliament in bad light and hobble this government. They're making their own bed, they will eventually have to lie in it.
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Pheu Thai in court-ordered quandary | Bangkok Post: opinion