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Constitution Debate

Thai Rak Thai Group Leader Chaturon Chaisang strongly attacked the draft Constitution, saying that it supports "dictatorship and bureaucrats-dominated ruling".



Constitution Debate

Chaturon Chaisang

At the debate on Constitution, which is broadcast live on Channel 11, Chaturon said that the Constitution is weakening political parties.

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Charan

Nidhi

He said the elected government's power will be largely diluted as detailed policies, significant and insignificant, are included in the Constitution.

"The Cabinet has no power to order state agencies or transfer any civil servants, though the Cabinet comes from elected MPs," he said.

Rather, in his opinion, the Constitution awards power to the Council for National Security, non-elected senators, constitutional organisations and civil servants, not the entire public.

He urged the public not to vote for the charter, as "saying no would mean the public does not support dictatorship.

"This is the first public referendum and we should reap maximum benefits from it," he said, saying that it is no use to say yes on hope that changes would be made later on.

He rather supported the reinstatement of the Constitution 1997, saying that some articles could be amended.

Watch the debate

Jirmsak Pinthong, a member of the Constitution Drafting Assembly, Friday urged the public to vote for the draft Constitution BE2550, saying that the public is given more voice in speaking their problems. 

"It's the first time that they can speak in Parliament, without having to pass their messages to MPs," he said at the debate on "strengths and weak points of the draft Constitution BE2550".

At the debate on Constitution, which is broadcast live on Channel 11, he also favoured the clause that bars political parties to merge after elections.

He also urged all to overcome the feeling that the charter was drafted by an assembly appointed by the Council for National Security.

"By essence, the Constitution is good and we should vote for it."

Jirmsak said he is not in favour of all articles, but he said it is good in the broad picture and thus the public should vote for the Constitution so that the country can move forward.

Somkid Lertpaitoon, secretary of the Constitution Drafting Committee, insisted that the Constitution BE2550 gives the greater-ever voice to the public.

"On public freedom, this constitution is better than the Constitution BE2540. Politicians cry that their power is diminished by the new constitution, but it's not true. We just include public politics in politicians' politics," he said.

Backing up his saying, he said only 20,000 names are required to remove ministers, against 50,000 names in the previous Constitution. The public can directly file petitions to the Constitutional Court. Local communities can reach a referendum that binds the government to honour their referendums. Meanwhile, all international agreements like free trade agreements must win public supports.

"As democracy is the public power, is it wrong to give more power to the public? Is it wrong to award more public participation in politics? It's wrong to say that we're reducing politicians' power," he asked.

On Chaturon's saying that the Cabinet cannot intervene civil servants' services, Somkid said intervention is barred only when it is done for benefits of politicians or political parties.

"The Cabinet is still empowered to transfer civil servants or propose laws," he said. He also added that under the Constitution, politicians are also empowered to reach a referendum on the issues that might go against their parties' policies.

"Though the Constitution BE2550 is not the best, but it's good as it will lead to democratic administration," he concluded. 

Vorachet Phakheerat, a law lecturer at Thammasat University, added that the Constitution BE2550 paves way for the Council for National Security to establish its power.

"There is no clause in the constitution that says the CNS would hang on to its power," Vorachet said, but adding that the Article 309 and the current Cabinet's power in issuing supporting laws.

The Article 309 will legitimise the temporary Constitution BE2549 as well as related actions launched before and after the promulgation of the Constitution BE2550. Meanwhile, Vorachet said that once the Constitution BE2550 is enforced, it is the current Cabinet which is empowered to issue supporting laws.

"Even when we don't take into account the origin of this charter drafting assembly, comparatively, there are more weak points than strong points. Saying yes to the Constitution would not solve political problems. Rather, it would lead to the dead end," he said.

The Nation


 
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