[ad_1]
Sunday, October 25, 2020, 2:55 pm
Ajarn Parinya Chong 7, the ‘Big Tu’ proposal is used to solve political problems, for the benefit of ‘taking a step back’
October 25, 2020 Mr. Prinya Tewanrimitkul Professor of the Faculty of Law Publication of Thammasat University on Facebook Prinya Thaewanarumitkul Contents are as follows …
As Prime Minister # What should General Prayut have to do? Amendment to the constitution – dissolution of parliament – resignation # to solve political problems
According to Prime Minister General Prayut Chan-o-cha urged “a step back” to resolve the protests that are putting increasing pressure on the government. By General Prayut stated that Demands of the protesters will be brought to parliamentary discussion on October 26, 2020 for the benefit of “Withdraw every step”, that General Prayut As Prime Minister Should be a leader in the retreat. The author has the following points to offer.
1. The solution of the problem must be solved from the root. # The root cause of the assembly was the succession to power of the NCPO and the 2017 constitution, especially the transitional provisions establishing the NCPO to elect the First Senate with the power to select Prime Minister This allows General Prayut to continue as Prime Minister after the elections from March 24, 2019 to present. If the NCPO does not inherit power, there will be no protests or protests like this. The assembly, if there was one, would be another matter. And he will protest against the prime minister other than General Prayut
The coup has the power to elect the first group of senators according to the new constitution. It is a matter that the coup has done in almost all eras. But I never had a constitution for the coup Senator Therefore, this is an issue that General Prayut must “withdraw” as a first step, to solve the root problem by retreating before the seizure of power on May 22, 2014 in the Constitution of The House of Representatives. As Prime Minister This is the principle of parliamentary democracy in which the people elect the Prime Minister and the government by selecting the deputies, and all people have the same voice. It does not matter how different they see Who will be the prime minister And which political party will be the government Will end up at the polls Not the people elected to the NCPO are also prime minister and can inherit a power like this.
In 1991, the coup was similar in name. ‘The National Council for Peace and Order’ or the National Council for Peace and Order has withdrawn in this regard. With power cuts Senators elected the prime minister to abandon the 1991 constitution, when students protested against him at the time. That at this time there are more people protesting this issue than in 1991, and the NCPO should have to step back in power. Senators also in the selection of the prime minister That will be a sign that The NCPO will end the succession of powers. And it will alleviate the situation in political tension AND lead to the creation of a suitable atmosphere to solve long-term problems by democratic means. Especially when considering the amendments to the constitution to lead to the next draft of the full draft.
2. The 2017 constitution is the constitution that has no less opposition than the 1991 constitution. The 1991 constitution resulted in a bloody incident in May 1992, after a bloody incident. And it led to an entirely new draft Born in the 1997 constitution, later the 2017 constitution, which is based on the same takeover of power. There are even more problems because in 1991 there was no independent organization and the Constitutional Court. That the coup will be involved in the recruitment as in the present
Independent organizations and the Constitutional Court were born in the 1997 constitution, with the people directly elected by the Senate to elect the independent bodies and judges of the Constitutional Court. But when the 2017 constitution gave the same power to the first group of senators from the NCPO Senators who are elected by the Senate must approve independent organizations and the judiciary of the Constitutional Court has caused the NCPO to participate in contracting through senators. and cause issues with audits and trust. Independent organization This has been a problem since the 2014 interim constitution by the NCPO, which handed over the NLA to independent organizations. What if they say that The first Senate is NIA transformed into Not very true
Furthermore, the 2017 constitution is a constitution that has established a national strategic plan and national reform for 20 years without the participation of the people at all. In the end, the entire draft must be rewritten. The 2017 constitution, which is more problematic, it should be inevitable that the entire draft also has to be redrafted. And it should be done without having to shed blood first
Regarding the issue, it is argued that the 2017 constitution passed a referendum. Therefore, it cannot be revised or redacted. It is the reason for the lack of weight in some way. Because the 2017 constitution has only 61% of the voters to approve The first Senate has the power to select the prime minister. Approved with only 57% of the votes, asking that at that time the people who voted in favor Who did not read the constitution? But is there more than 11% of the votes on the draft constitution to allow the elections and the country to move forward? It has not been determined that if the draft constitution is not approved in a referendum, what will happen next and when will elections be held? And most importantly, that constitution can be amended AND a new draft of the 2007 Constitution was approved. The NCPO can still tear it out, regardless of whether it is a constitution that has passed a referendum.
3. # The dissolution of parliament for new elections is a way out. Because it could be a way down for General Prayut Que should not be accepted as Prime Minister of any political party. But the problem is, if parliament just dissolves, people still won’t trust that The NCPO will actually end the succession of power. Because while the first Senate still has the power to select the prime minister. The NCPO can still regain power, so the constitutional amendment cuts power. Senators in the selection of Prime Minister is a matter of duty, they must “withdraw” as urgent. Although the constitutional amendment would require at least a third of the senators, 84 out of 250, and it was difficult for the Senate to amend the constitution to cut off its own power. But if General Prayut agrees to settle this matter He believes that the number of sounds of Sen. 84 is not difficult at all.
4. # Resigning from office It can be a way to resolve the situation. Because if General Prayut doesn’t want to back down by amending the constitution or dissolving parliament, he may have to withdraw other people to take his place. Prayuth said he would use parliament as a platform to solve the problem. It shouldn’t be simply eliminating the problem from you. And the parliament to debate without solving any problem Because the protesters General Prayut Do not protest for the parliament And most importantly, General Prayut has a majority in the House of Representatives and all voices in the Senate. Therefore, you can use parliament to solve the problem. Especially when it comes to constitutional reforms.
5. Furthermore There are some important sensitive issues that need to be addressed immediately: General Prayut should not speak or make a claim in a way that people understand that the King is his back. The principle of government in a democratic system with the King as Head of State is The King cannot be wrong or the King is under the constitution. #But above political conflicts General Prayut must adhere to this principle and protect the monarchy by being responsible and responsible. Do not do things that look the same and opposite to today This causes people who differ from the government to conflict with the monarchy. And the people who see each other, conflict with each other. And most importantly, Prayuth must solve political problems as quickly as possible. So as not to aggravate the situation
6. General Prayut may not have forgotten that he was a Lieutenant Commander, while former Prime Minister Yingluck Shinawatra was protested to resign as Prime Minister. And he took the power that made him prime minister until today. That day, he promised the people that # Leave yourself time soon, happiness will return. Now it’s been six years and we still haven’t seen it. ‘Happiness Returns’ outside the constitution that inherits power Worse to check the balances Social conflicts over institutional issues And the return of the protests to evict the Prime Minister once again Today he himself protested. The six-year term was longer than that of former Prime Minister Yingluck Shinawatra and even former Prime Minister Thaksin Shinawatra.
Although the government has a majority in the House of Representatives without water And there was a voice throughout the Senate But the government is not as stable as many people understand. Because the majority in the House of Representatives is a stupid majority Because if there is a medium party, any party withdraws. Only Pheu Thai and the far away party, the opposition party, have enough voices to be connected. It is almost impossible for one of the two parties to join the government with him. And with the possibility of a retirement party, it is more likely. In particular, the party gave reasons to raise its hand to be Prime Minister. Join the government to amend the constitution
Because that political party will be increasingly pressured by the protesters Until it leads to abstinence. What is an opportunity that will pass in the next few days. Therefore, you must quickly resolve the political problems that arise from the succession of power. It is to amend the constitution Dissolve parliament or resign As former prime minister Yingluck may have presented 6 years ago and as he promised the people that I will keep the promise. Happiness will return ‘before the situation turns into a crisis until there is no way out. And people will suffer more from recurring political conflicts.
7. In the end, the important issues that are immediate are # The government must not use violence and not use other means to disperse the assembly. If the assembly is calm and unarmed Which is a fundamental right of the constitution Will cause even more opposition, as happened after the dissolution of the Pathumwan demonstration on October 16, 2020. More importantly, the government must see the protesters coming only to get back the promises General Prayut had promised six years ago.
Violence will not happen unless either party started first. As Thailand has already received many lessons on bloodshed, we should not have another violent incident. What we can do through a democratic process to solve problems. Listen to each other’s reasons And respect divergent views We can get through the crisis. And solve political problems And amend the constitution without more bloodshed
Degree Tewan Rmitkul
Professor of the Faculty of Law
Thammasat University
October 25, 2020
[ad_2]
