The Nation



Who has the right to change the charter?

Re: "PDRC did not breach Constitution, Pheu Thai did", Letters, December 31.

The democratically elected government is elected to make the law, and changing the Constitution is within its remit.

It submitted a change to the Constitution, to revert back to a fully elected Senate as stipulated in the "People's Charter" (1997).

The Constitutional Court argued that there must be at least one referendum before it could be done.

The argument lies not in whether the Constitution can be changed but in how it can be changed and who should have the power to do so. If not the democratically elected government then who? Surely not the PDRC?

Vint Chavala argues, "Any government, no matter how popular, must work within the framework of the Constitution. The Constitutional Court is there to decide whether any constitutional rule has been broken."

I see that you are only arguing that "any government" must work within the Constitution. Presumably, the PDRC will not need to - they will not be elected nor in fact appointed!

You argue that the PDRC has not broken any Constitutional rule, yet Suthep's stooges have been running around trying to prevent a constitutionally required election and, in effect, attempting to take away the people's constitutional right to vote! Why isn't that breaking the rules of the Constitution - because it is Suthep who is doing it?

The PRDC will have to change the Constitution to set up their "People's Council", which they plan to do without a vote.

Hence there can be no government to change the Constitution, so we must wonder, how is it to be changed?

The PRDC is not planning to change the Senate but rather to get rid of it altogether, to pave the way for the "People's Council" to run the country instead of the Assembly. This is a far greater change than that mooted by the government .

So, I ask why the PRDC should be allowed to change the Senate when it is a crime if the democratically elected government wants to do it?

Pranorm Suko


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