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The “Reconciliation Committee” is a model in the thinking of “Honorable” and both senators – senators have “chairChuan Leekpai, President of the National Assembly acted as “Agreement creators” Extension line 4 Former Prime Minister Former Speaker of Parliament Adults in the field
Invited to find a way out for the country before the rejection of “People 2020” That reiterated 3 ultimatums: 1. General Prayut Chan-o-cha, Prime Minister and Minister of Defense, must resign. 3. Institutional reform
However, claims 1 and 3 have not yet been met, but item 2, the government has begun to indicate actions to resolve. “Constitution 2017” Be be “democracy” Open the way for the Constituent Assembly (Senator) to establish a new constitution
Timeline of the amendment
After the opening of the Ordinary Council on November 1, the agenda for amendments to the constitution, which contained a proposal can be taken into account to Parliament immediately.
Considering together with the draft amendments to the Constitution of the Popular Sector (Ilaw Project) the meeting of Parliament has been set. To debate the constitution from November 17 to 18, the 7 topics will be included in the agenda 1 step. “Get the beginning” And will vote on agenda 2-3 in December
The 7 consist of 1 and 2 proposals that are constitutional amendments of Section 256 of the government and the opposition, the other 4 are those of the Pheu Thai Party, which is 3. Closing of the election of the external Prime Minister 4. The amendment to the Section 270 and Section 271 cut off the Senate’s power to follow up on national reform.
5. A motion to amend Section 279, repeal the order of the National Council for Peace and Order (NCPO) and 6. A motion to amend Sections 91-92 and Section 94 and repeal Section 93, Section 101 (4) and Section 105, paragraph three. Electoral system Using two ballot papers to return to the 1997 constitution, and 7. Draft amendments to the illegal constitution.
In parallel with the government to send a draft Referendum Attend a meeting with parliament “Gen Prayut” signed a pen to be “Urgent Agenda” in early November and at the end of the procedure in Parliament No later than December Before of the referendum, which lasts 90 days when the referendum law was enacted, will be the constitutional referendum.
Suggestions sent to the Constitutional Court to interpret
But it is not that the constitutional reform process is convenient, according to the criteria of the people. “people” Required because in the report, the Commission (Km.) Considered the draft Constitution of the Kingdom of Thailand. Amendments (No. ..) BE…. For the Polish Senate, government and senators to propose to the National Assembly before considering the draft amendment to the constitution
I discovered that there was an offer from Many banks want “Constitutional court” Consider that The draft constitution proposed by the opposition government. Is it unconstitutional in 2017?
Constitutional amendment May end up in Constitutional Court again!
Deliver the report. KMUT has studied the 6 legal issues (excluding the Ilaw project) that are unconstitutional, Section 256 of the 2017 Constitution and the Constitutional Court decision 18-22 / 2012 (which states that all constitutional amendment must ask the public as constitutional authority) or not
Focus on the constitutional amendment to be used as “Main body” In consideration of the amendment is the draft amendment of Section 256 of the opposition and the government determined that In the draft constitutional amendment 256 of “opposition” Proposed by “Sompong Amornvivat” The leader of the Pheu Thai Party and the KMUTT agree that they are not unconstitutional. And it does not contradict the decision of the Constitutional Court with the opinion that “Unconstitutional”
By the parties that saw that “Unconstitutional” like Paiboon Nititawan, list of deputies The People’s Power Party maintains that the National Assembly has no power to create a new constitution. It must be presented to the Constitutional Court for interpretation.
“Only the provisions of article 256 of the Constitution grant Congress the power to amend the constitution. Therefore, any act for the formation of a new constitution. It is an act contrary or inconsistent with the constitution. Such acts are not enforceable. “
“To consider and determine that Parliament does not have the power or the duty to create that new constitution. It is the competence of the Constitutional Court to consider and judge.”
“Seri Suwanphanon” For the Senate section, the Senate has the power to allow members of the Constituent Assembly to prepare a new constitution as proposed by Chapter 15/1, with no issues or clarity on whether to change the original constitution. It must be contrary to the provisions of the Constitution. This is an important issue in the question of deciding on the duties and powers of this Parliament. Be assigned to the Constituent Assembly to prepare a new constitution that contradicts or contradicts
“Or different from the provisions of Article 255 (the constitutional amendment that changes the democratic regime of government with the King as Head of State OR change the form of state I will not do) and Section 256 can be done or not”
“It is an important issue that the Constitutional Court considers and decides to reach a resolution.”
A referendum must be held before the Senate.
“Somchai Sawangkarn” KMUTT, in part of the Senate, that 1. If there is an amendment to Section 256 by creating a constitutional council To draft a new constitution, the whole thing cannot be done, but if it is to be amended individually It would be one more method adequate 2. If a Constituent Assembly is to be established, then the decision of the Constitutional Court 18-22 / 2012 is required, that is, a referendum must first be held.
The parties that see the “opposition” bodies are not unconstitutional, such as Nikorn Chamnong, Ms Chatthaipattana, Chinnawon Bunyakiat, MP, Democrat. Consistent in that the opposition bill prohibits amendments, Chapter 1, Chapter 2, confirming that it is not an amendment to the entire constitution. But there should be a referendum first that there should be a constitutional council. And the new constitution or not
Loop organization overlapping organization
While the draft amendment to the constitution of the coalition government proposed by “Wirat Rattanaset” Opposition President Whip has raised the question that is it contrary to the 2017 Constitution, Article 256 and Constitutional Court decision 18-22 / 2012?
By opinion “Unconstitutional” For example, Paiboon Nititawan saw that Parliament does not have the power to create a new constitution. There is only additional correction power. Sole constitution Should the Constitutional Court find a resolution?
Seree Suwanphanon He believes that “It is important, however, that in the body of the draft of Chapter 15/1 the topic ‘Establishment of a new Constitution’ is added to allow the Constituent Assembly to prepare Y although it is not related to Chapter 1 and Chapter 2 , it is not clear if the members of the Constituent Assembly will make changes. Or write a new topic, any section, to make it somehow “
“Which shows that In the past, there does not seem to be a problem of the current constitution to be solved. And when the issue is not clear Therefore, unable to know The current constitution has its drawbacks. Or it is necessary to provide a person who don’t be a member of Parliament. Become the organizer of the new constitution. Or enter to amend the current constitution. “
“This is the duty and power of the Constitutional Court to reach a resolution.”
4 opposition motion
There is also an opinion of Km. On motion 4 of the opposition They want to modify each section In parallel with the new draft of the entire draft by parliamentarians or not, KMath sees that the parliament can pass a resolution that approves the principle of the amendment of the constitution. Because Parliament is a legislative body that uses power on behalf of the people. If under section 256 of the 2017 constitution
“However, if Parliament passes a resolution on the draft constitutional amendments, Project 1 and Project 2 (Draft Amendment to Article 256 of the Opposition and Government) and the Draft Fourth Amendment to the Constitution, it will result in two powerful organs. The overlap is that the parliament overlaps with the deputies to amend the constitution. “
“It is something that should not be done. Because contrary to the important principles considered The constitution is the supreme law. It will have contradictory effects in practice Create legal problems and other problems in the future”
In the end, KMth still saw that Section 279 should not be repealed, which ensures the legitimacy of Order 1 of the NCPO. It will directly affect the condition of the advertisement, the order and the actions of the NCPO because the law was enacted to accommodate all the advertisements. Such orders and actions may not be possible to do quickly.
2. Termination of Section 279 may result in cancellation of the indictment. With certain groups of criminals or could lead to new conflicts in society.
3. Section 279 should remain as before. If you want to modify or cancel it, look on a case-by-case basis.
From the above opinion it is only “Part” of the KMUTT report before accepting the Principle, which has at least two topics to be presented. Consideration of the “Constitutional Court”. 1. Parliament has the power to make a new constitution or not OR have the power to modify only individual sections 2. Does parliament have the power to appoint a senator to draft a constitution on its behalf?
Close the door, edit each section Because it will make “organization” overlap “organization”
The Constitutional Court may again decide to amend this constitution.
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