Charter court role backed

Charter court role backed

The Constitution Court still has a role to play in reviewing the exercise of legislative power, says former Administrative Court president Ackaratorn Chularat.

Speaking at a seminar to mark Professor Sanya Thammasak's Day, Mr Ackaratorn said scrutiny from a constitutional perspective of how a country's legislative and executive powers are used is essential. In many countries the Constitution Court or the Supreme Court provides such a check.

Mr Ackaratorn said he was baffled to hear academics argue recently that the charter court should not intervene in the law-making process because it is parliament's job to enact laws.

"I am not blaming those who don't know, but those who know yet spread wrong information to the public. How could they say MPs come from elections and so no one is above them?" he said.

He said the process to amend the charter by sections, now underway in parliament, is not straightforward. He did not elaborate.

Asked about the proposed change to Section 68, he said resistance from some quarters to the amendment occurred because the public did not trust politicians.

Under the amendment, the public would no longer be able to directly petition the charter court to examine moves which could undermine the monarchy or seize power through unconstitutional means.

All such petitions would have to go through the attorney-general first.

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