CDC to scale back powers given to Constitutional Court
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CDC to scale back powers given to Constitutional Court

Police protect the Constitutional Court on May 7, 2014 as the judges delivered a verdict on the status of then-prime minister Yingluck Shinawatra. (Post Today photo)
Police protect the Constitutional Court on May 7, 2014 as the judges delivered a verdict on the status of then-prime minister Yingluck Shinawatra. (Post Today photo)

The Constitution Drafting Committee has agreed to amend the draft charter to reduce the power of the Constitutional Court amid widespread criticism it was given too much influence.

CDC spokesman Udom Rathamarit said the most contentious clause was one that gave the Constitutional Court the final word in cases where the new constitution lacked provisions to resolve problems involving the House of Representatives, Senate, parliament, cabinet and independent agencies.

Critics said it gave the Constitutional Court too much power. In response, the CDC has agreed to amend the clause to require the court's president to invite speakers of the House of Representatives and Senate, presidents of the Supreme Court and Supreme Administrative Court, and chairs of all independent agencies to jointly make a decision.

The CDC believes that concession will assuage critics, Mr Udom said following a panel review of Chapter 11 if the draft constitution, which covers the court.

Other changes planned include a reduction in the required quorum of judges to five from seven; and a stipulation that both the supreme and constitutional courts would jointly need to rule on questions concerning the conduct or qualifications of MPs and senators.

The CDC also has given the Constitutional Court the power to determine whether a public official has violated a charter clause on budget deliberations by diverting proposed allocations to benefit politicians directly or indirectly while a bill is being scrutinised.

The CDC also retained the power of the Constitutional Court to provide interpretations of charter clauses as requested.

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