Pursue charter middle ground

EDITORIAL

Published: 14 Dec 2012 at 00.00
Newspaper section: News

The government botched, and tacitly admits it has bungled the attempt to amend the constitution. The stated purpose of charter change is supposedly twofold. It is meant to make the supreme law more democratic. It also is designed as a major support of the government's policy to press for national reconciliation.

Until now, this has failed, but there are hopeful signs. The government may now realise that its simplistic notion of amending the constitution needs a more serious and constructive look. More needs to be done, and "go slow" is a slogan, not a plan. In the real world, either the process goes ahead, or it sits on the shelf, as it has for several months.

The 2007 charter was effectively forced on the country by a military junta which gave citizens a Hobson's choice. Either citizens approved an inferior constitution, or the country remained under military rule. By voting for the 2007 charter in the national referendum, Thais took the choice _ and the chance _ to return the country to an elected government.

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Renaissance
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Discussion 5 : 14 Dec 2012 at 19.465
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I'm sure that the Referendum will be carried out in a way that the people vote for a change to the Constitution without knowing the full extent of the changes. Then Pheu Thaksin will fill in the gaps with the changes he wants with their usual explanations. Then the chaos will start again. Thaksin isn't going to give up when he is so close to the finishing post. "All for one, and all for one!" is his motto.
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whatajoke
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Discussion 4 : 14 Dec 2012 at 18.354
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In most countries you need a super majority to amend the charter, IMO this is major screw up of the 2007 writers. With this the sponsors would need bi partisan support in parliament and proposals to amend the truly undemocratic bits would get the oppositions support. PT has made it clear tat theŷ dislike independent agencies having the power to check the govt, this was one of the main failings of the 1997 charter and lead eventually to a coup as a last resort. It will certain be their main target in a rewrite .
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nui
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Discussion 3 : 14 Dec 2012 at 14.183
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The rush in parliament before make many people feel suspicious about the real reason behind the charter change. The opposition and many people know very well what this government is trying to do. But we have the constitution court and the judges are not influenced and manipulated by anyone. Before it was the military who protected the people , now it is the constitution court.
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pjt
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Discussion 2 : 14 Dec 2012 at 09.432
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D1@howell - 'A new Constitution means old laws are void so Thaksin gets off' - I am not convinced that statement is correct. Laws passed under the present Constitution do not suddenly become invalid when it is replaced. My understanding is that in deciding cases the court looks at the law applicable to the time the offence occurred not the time it is tried. In order to achieve the effect you suggest I think the new Constitution would have to specifically refer to and change the effect of the laws under which Khun Thaksin was brought to book - which of course is another issue. Merely changing the Constitution does not do it
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howell
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Discussion 1 : 14 Dec 2012 at 06.431
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'The truth is that many Pheu Thai MPs and their red-shirt supporters are recklessly determined to return ex-premier Thaksin Shinawatra. They may try to exploit this and other causes for their own purposes'.

May try ? They are ! A new Constitution means old laws are void so Thaksin gets off.
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Pursue charter middle ground | Bangkok Post: opinion