Referendum required for amendments

Referendum required for amendments

A referendum will have to be called for any amendment to the new charter that will change the political structure laid down by the new constitution and the 2014 interim charter.

In previous constitutions, MPs and senators had that prerogative. Voters can also propose an amendment through them.

The Constitutional Drafting Committee (CDC) on Friday classified future charter amendments into three groups.

The first group involves “the unthinkable” — a change to the rule of the country from constitutional monarchy or the form of the state — which can by no means be amended.

This is the same principle as stipulated in previous charters, said CDC spokesman Gen Lertrat Rattanavanich after the CDC's meeting in Pattaya on Friday.

The second type includes general provisions involving the monarchy and people, liberties, people's participation, political institutions, rule of law, courts and check-and-balance bodies, reforms and reconciliation and charter amendments. New requirements by the 2014 interim charter such as mechanisms to maintain budget and fiscal discipline, measures to prevent populist policies, as well as reforms and reconciliation also belong to this type.  

Such changes must go through a process like the third type and also through a referendum, Gen Lertrat said.

Other amendments that do not belong to the two types will belong to the third type and go through a familiar parliamentary process.

An amendment may be proposed by the cabinet, not less than a quarter of the House, one fifth of the House and the Senate, or more than 50,000 voters signing up to do so.

It must go through three readings in both houses, with at least half the votes, majority votes and two thirds of the votes to pass, respectively.

It will then be sent to the Constitutional Court to rule whether it changes the fundamental principles of the charter. If the court says so, a referendum will need to be held to endorse it.

Moreover, Gen Lertrat said every five years after the new charter is in use, representatives from the House, Senate, cabinet, Supreme Court, Constitution Court, Supreme Administrative Court and other constitutional organs will meet to determine whether the charter should be amended and then propose a bill to that effect.

The CDC also on Friday set the framework of agreements or contracts that the government must seek prior approval from Parliament before it can sign them. They include deals on free trade, joint customs zones, intellectual property protection and natural resource exploitation. Public forums are also required. 

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