The case for a new, untainted constitution

Published: 8 Jan 2013 at 00.00
Newspaper section: News

The most fundamental issue of our generation was the highlight of 2012.

That issue was the question of whether the people of Thailand will again be able to live under a constitution drafted for the people by the people or whether we will sit back and accept a constitution that has been manipulatively drafted for the establishment by the military.

I am vehemently against amending this constitution section by section. The best course of action for a constitution that is an abomination to anyone who considers themselves a democrat, is to exterminate it, abolish it, expunge it, get rid of it! And at the same time, let's return power to the people in order to let them decide through a constitutional drafting assembly what the law of the land should be.

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jacksprat
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Discussion 9 : 08 Jan 2013 at 22.449
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Let the people vote on keeping this constitution or going back to the one from 1997. It would save a lot of time and can one imagine the political chaos of trying to write a new constitution with the political factions practically at each other's throat?
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bkposter
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Discussion 8 : 08 Jan 2013 at 17.258
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The current constitution was written for the sole purpose of taking the Senate and the High court out of the reach of the citizens. It provides for a senate half appointed (by the elite and the military establishment) and a Court that is selected by the Senate. Question: If the citizens are unhappy with the appointments, how can the citizens remove these people from office? Answer: they can not as this constitution bypass the people rights to elect, and replaces it with the choice of the elite.
This puts the elite in a position to practice judicial activism to attain their goals they have proven already that they are willing to do so.
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SawGeorge
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Discussion 7 : 08 Jan 2013 at 14.317
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Actually there's nothing wrong with the constitution itself...what actually is wrong is with the wrongdoers who would like to be pardoned...and let themselves free from persecution. If all the people from both the government and the opposition, as well as all the big moneymakers aren't corrupted or in another way would be honest to the people then all of the people won't be talking about rewriting the constitution. So, which one is easier to change??? What a joke! people or charter...I know you've already had the answer, didn't you?
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robingrant
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Discussion 6 : 08 Jan 2013 at 10.376
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So whatajoke concedes that the current constitution is biased and flawed, therefore why keep it? And to claim that the present Government have no democratic mandate to change the constitution is nonsense. That proposal was included in their election manifesto and they won a thumping majority.
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domdunnn
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Discussion 5 : 08 Jan 2013 at 09.465
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whatajoke D2

One of the best articles published in the BP in recent times, I agree with every word.

"What is the point of a constitution if the crowd in power keep re-writing it to suit themselves". Like the military junta, you mean?

The CC job is to rule on the law, not to offer 'advice' to the elected parliament.
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watchdog
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Discussion 4 : 08 Jan 2013 at 09.224
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Wow excellent piece!
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whatajoke
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Discussion 3 : 08 Jan 2013 at 07.353
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Furthermore, the Constitutional Court did not interfere, they agreed to accept petitions in order to settle the matter as per their job, ruling that there was no threat and only offering an advisory to parliament. Parliament is an acceptable 'people's' mandated law-making place for amending the charter, what's the point of a constitution if the crowd in power keep re-writing it to suit themselves. Saying the re-write is the people's will because it was an election promise of the overwhelming victors is false. They got 48% of the vote for a prime minister, not a charter change. With such a divisive ideology how can the outcome be holistic?
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whatajoke
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Discussion 2 : 08 Jan 2013 at 07.292
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Mmm, where to start, this article is so full of naive and unsubstantiated nonsense it should never have been published. Please elaborate on what specifically is an abomination with the present charter, most of it is similar to the '97 one, few international observers (non-partisan) have said it fails a universal standard. It was actually written with widespread input from interest groups. The process by which a re-write will take place under Peua Thai sponsorship is just as biased and flawed. Please back up your claim that the Democrats are specifically against any change (they are against a Thaksin agenda led phoney reconciliation).
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robingrant
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Discussion 1 : 08 Jan 2013 at 07.121
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Well done BP for publishing an article which so robustly and clearly sets out views which are not usually reflected in its columns. With clarity and logic, the author demolishes the "establishment" stance against changing the constitution, and highlights the continual judicial meddling with the democratic process.

The author should take a break from the business world and enter politics, we need more people like this who can help to move the country forward to a better future.
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The case for a new, untainted constitution | Bangkok Post: opinion