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Achan Thammasat proposes a way to retire, Big Tu has to modify the constitutional dissolution of parliament – resign?
October 25, 2020Prof. Dr. Parinya Tewanritikul Professor at Thammasat University Law School Commenting on politics via private Facebook, stating that as Prime Minister General Prayut Chan-ocha, what should be done? Amendment to the constitution – dissolution of parliament – resigned to solve political problems.
According to the prime minister General Prayut Chan-o-cha Request “Take a step back” To address the problem of protests that put increasing pressure on the governmentGen. Prayut He said protesters’ demands will be brought to parliamentary discussions on October 26, 2020 for the benefit of “Take a step back” whichGen. Prayut As prime minister I should be a leader in retirement. The author has the following points to offer.
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1. The solution of the problem must be solved from the root. The rationale for the assembly was the succession of power to the NCPO and the 2017 constitution, especially the transitional provisions establishing the NCPO to elect The first Senate had the power to select the prime minister, which it didGen. Prayut You can continue to be Prime Minister after the elections on March 24, 2019 until now.
If the NCPO did not inherit power, there would be no protests or rallies like this. The assembly, if there was one, would be another matter. And will protest against the Prime Minister apart fromGen. 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 Senator of the coup Has the power to elect the prime minister before
So the story isGen. Prayut The first step must be “withdrawal”, which consists of solving the root problem by going backwards before the seizure of power on May 22, 2014, when the Constitution gave the House of Representatives the election of the Prime Minister. This is the principle of parliamentary democracy in which the people elect the Prime Minister and the government by selecting the deputies.
With all the people having equal voices No 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 No 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 He had retired on this matter before with power outages Senator to elect Prime Minister from the 1991 constitution.
When the students protested at the time That there are more people protesting this issue right now than in 1991, and the NCPO should have to back down 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 ease the situation in political tension And it will lead to the creation of a suitable atmosphere for solving long-term problems through democratic means. Especially when considering the amendments to the constitution to lead to the next draft of the full draft.
2. Constitution of 2017 It is a constitution that has no less opposition than the 1991 constitution. The 1991 constitution resulted in a bloody incident in May 1992 after the bloodshed. The constitution was amended. And it led to an entirely new draft Born as a constitution in 1997 at a later time
Constitution of 2017, 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 first group of seniors who came from the NCPO.
With the same power 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 causes problems 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 the constitution that establishes a 20-year national strategy and a national reform. Without the participation of the people at all, the 2017 constitution was more problematic than the 1991 constitution. Finally, the entire draft of the 2017 constitution has to be written, which is even more problematic, so it is inevitable that a completely new draft will also be written. 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 score He asked 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 By referendum The NCPO can still start it, 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 will be a way down for General Prayut has That he should not be accepted as Prime Minister of any political party. But the problem is, if the parliament just dissolves, people still won’t trust it 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 still regained power.
Therefore, 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 yesGen. Prayut Willing to fix this. Believe that the number of sounds of the Sen. 84 is not difficult at all.
4. Resignation It is a way to resolve the situation because ifGen. Prayut You do not want to back down with the constitutional amendment or dissolution of parliament may have to withdraw other people to act in your placeGen. Prayut He said he would use Congress as a platform to solve problems. It shouldn’t be simply eliminating the problem from you. And the parliament to debate without solving any problem
Because the protestersGen. Prayut Do not protest parliament And most importantlyGen. Prayut There is 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. Additionally There are some important sensitive issues that need to be addressed immediately: Gen. PrayutYou should not speak or claim in a way that people understand that the King is your back. The principle of government in a democratic regime with a monarchy is The king cannot be wrong, but he transcends political conflicts.
Gen. Prayut You must adhere to this principle and protect the institution by being accountable and accountable. Do not do the same as the opposite of today What makes people who disagree with the government come into conflict with the institution AND people who see each other come into conflict with each other And more importantlyGen. Prayut The political problem must be solved as soon as possible. So as not to aggravate the situation
6. Gen. PrayutHe cannot forget that he was a commander in the Royal Thai Army, while former Prime Minister Yingluck Shinawatra was the subject of protests to resign from the Prime Minister. And he took the power that made him prime minister to this day.On that day, he promised the people that May happiness return soon. Now it’s been six years and we still haven’t seen it. ‘Happiness returned’
In addition to the constitution that inherits power Worse to check the balances Social conflicts due to institutional issues And the return of the protests to evict the Prime Minister once again Today he protested himself. 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 were voices in the Senate almostThe government is not as stable as many people believe. Because the majority in the House of Representatives is a stupid majority
Because if there is a medium party, any party withdraws. Solo Pheu Thai and the far 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 protesters Until it leads to abstinence What is one opportunity that will pass in the next few days. Therefore, you must quickly resolve the political problems that arise from the succession of power. Is to amend the constitution Dissolve parliament or resign
As you may have presented, former Prime Minister Yingluck 6 years ago and as he promised people that I will keep the promise. Happiness will return. ‘ Before the situation turned into a crisis until there was 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 or use other means to disperse the demonstrations. If the assembly is calm and disarmed What is a fundamental right of the constitution
This will provoke even more opposition like the one that took place after the dissolution of the Pathumwan demonstration on October 16, 2020. It is important that the government see the protesters only come to demand the promises thatGen. PrayutI promised 6 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
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