Court has 'too much power'

Court has 'too much power'

Calls grow to limit role of charter judges

The Constitutional Court's role should be limited to providing advice on matters relating to the constitution, according to the opposition.

Opposition members on the House committee studying constitutional amendments chaired by adviser to the prime minister, Pirapan Salirathavibhaga, proposed a number of suggestions at a panel meeting held yesterday.

The meeting focused on Section 10 of the charter, which pertains to the courts. Many opposition lawmakers agreed that the Constitutional Court has too much power and its role should be curbed.

Their calls followed the court's decision on Feb 21 to disband the Future Forward Party, over a loan extended to the party by its billionaire leader, Thanathorn Juangroongruangkit.

Pongthep Thepkanchan, a member of the amendment committee, said the charter court is not bound by any checks-and-balances as it doesn't allow MPs to formally scrutinise its rulings.

As such, he said, the constitution needs to be reviewed to allow a House standing committee to invite Constitutional Court judges to explain their decisions in parliament.

Mr Pongthep, a member of the main opposition Pheu Thai Party, said Constitutional Court judges used to be impeachable, but not under the current charter.

"We know that keeping the [Constitutional Court] judges in check is a problem. But we have no idea how to solve it," he said.

Another key Pheu Thai member in the committee, Chusak Sirinil, also questioned the court's independence.

He said some judges also hold senior posts in several government agencies, before moving on to criticise the court's study programmes which routinely involve members of the private sector. Such programmes might bring outsiders "too close to the court" and possibly compromise judicial independence, he said.

"The Constitutional Court possesses too much power. Some issues brought before the court could have been settled by respective agencies.

"This makes the court a 'super' organisation where it sometimes finds itself accused of [passing a ruling] that effectively invents the rules of the game," Mr Chusak said.

Chaikasem Nitisiri, an opposition member on the committee, said the Constitutional Court should only function as a consultative body providing advice on constitutional matters, without the power to dissolve parties.

Paiboon Nititawan, a Palang Pracharath Party MP who chairs the sub-panel analysing charter content, said the suggestions will be considered.

Do you like the content of this article?
COMMENT (2)