Poll will be held after charter amendment
POST REPORTERS
Prime Minister Samak Sundaravej yesterday reiterated that the House would be dissolved and there would be an early election after the constitution is amended, intensifying criticism that the move is self-serving.
During his visit to Malaysia, Mr Samak told a group of Thai businessmen that his administration would not be around when the amended constitution is in place. He said that after the constitution is amended a general election would be held and a new government would be elected to carry out its work under the revised charter.
Mr Samak earlier said there would be a House dissolution if three of the coalition parties _ People Power, Matchimathipataya and Chart Thai _ were dissolved by the Constitution Court.
Executives of Chart Thai and Matchima were disqualified for poll fraud and a PPP executive member faces trial.
Political observers were quick to predict that Mr Samak would dissolve the House of Representatives and call a snap election upon the completion of the rewriting of the charter, which is expected by the People Power party (PPP) in early October. This fuelled criticism that the review of the charter was proposed only in the interests of the PPP, former prime minister Thaksin Shinawatra and the 110 other former executives of the dissolved Thai Rak Thai party who are now banned from politics.
It is believed that the chief targets of the charter review are Articles 237 and 309. The two articles were not contained in the 1997 constitution, on which the revised charter will be modelled.
Without these two articles, the PPP and its two coalition partners would not face dissolution. Mr Thaksin, who is fighting corruption charges, might get away with his alleged wrongdoing and all 111 banned politicians might have their political rights returned.
However, former charter drafters said the PPP and its coalition partners could not escape a dissolution trial _ even if the new charter was promulgated before a verdict was handed down.
Corruption commissioner Vicha Mahakhun said the Constitution Court, which adjudicates party dissolution cases, would have the final say over whether the trials should proceed.
He said the court's powers to hear dissolution cases would remain and be guaranteed by the election and political party laws.
The Chart Thai and Matchimathipataya parties are likely to have to stand before the Constitution Court in dissolution trials for electoral fraud.
The PPP could follow suit if its former deputy leader Yongyuth Tiyapairat is found guilty of a similar charge by the Supreme Court.
''The PPP is seeking to open a new channel for its legal battle. It wants to raise the question of whether all dissolution cases should be dropped after the 2007 charter is abrogated. And all this is disputable,'' he said.
Mr Vicha said the PPP was aware of the importance and the power of the Constitution Court and was thus trying to change its selection process.
Under the 1997 charter, political parties were allowed to nominate four Constitution Court members.
''Politicians realise that they can exploit and benefit from this,'' he said.
Some political experts said that if the previous method of selecting court members was brought back via the amendment being pursued, it could pave the way for political parties to exert influence over the dissolution trials.
Discussing the 111 banned politicians, Seri Suwanpanont, a drafter of the 2007 constitution, said only an amnesty could reverse the ban.
''The case is closed. The constitution cannot be used to absolve their wrongdoing,'' he said.
Whether or not the party dissolution cases and corruption investigations would be disrupted depended on what would be written in the provisional clauses of the amended charter, said Mr Seri.
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POST REPORTERS
Prime Minister Samak Sundaravej yesterday reiterated that the House would be dissolved and there would be an early election after the constitution is amended, intensifying criticism that the move is self-serving.
During his visit to Malaysia, Mr Samak told a group of Thai businessmen that his administration would not be around when the amended constitution is in place. He said that after the constitution is amended a general election would be held and a new government would be elected to carry out its work under the revised charter.
Mr Samak earlier said there would be a House dissolution if three of the coalition parties _ People Power, Matchimathipataya and Chart Thai _ were dissolved by the Constitution Court.
Executives of Chart Thai and Matchima were disqualified for poll fraud and a PPP executive member faces trial.
Political observers were quick to predict that Mr Samak would dissolve the House of Representatives and call a snap election upon the completion of the rewriting of the charter, which is expected by the People Power party (PPP) in early October. This fuelled criticism that the review of the charter was proposed only in the interests of the PPP, former prime minister Thaksin Shinawatra and the 110 other former executives of the dissolved Thai Rak Thai party who are now banned from politics.
It is believed that the chief targets of the charter review are Articles 237 and 309. The two articles were not contained in the 1997 constitution, on which the revised charter will be modelled.
Without these two articles, the PPP and its two coalition partners would not face dissolution. Mr Thaksin, who is fighting corruption charges, might get away with his alleged wrongdoing and all 111 banned politicians might have their political rights returned.
However, former charter drafters said the PPP and its coalition partners could not escape a dissolution trial _ even if the new charter was promulgated before a verdict was handed down.
Corruption commissioner Vicha Mahakhun said the Constitution Court, which adjudicates party dissolution cases, would have the final say over whether the trials should proceed.
He said the court's powers to hear dissolution cases would remain and be guaranteed by the election and political party laws.
The Chart Thai and Matchimathipataya parties are likely to have to stand before the Constitution Court in dissolution trials for electoral fraud.
The PPP could follow suit if its former deputy leader Yongyuth Tiyapairat is found guilty of a similar charge by the Supreme Court.
''The PPP is seeking to open a new channel for its legal battle. It wants to raise the question of whether all dissolution cases should be dropped after the 2007 charter is abrogated. And all this is disputable,'' he said.
Mr Vicha said the PPP was aware of the importance and the power of the Constitution Court and was thus trying to change its selection process.
Under the 1997 charter, political parties were allowed to nominate four Constitution Court members.
''Politicians realise that they can exploit and benefit from this,'' he said.
Some political experts said that if the previous method of selecting court members was brought back via the amendment being pursued, it could pave the way for political parties to exert influence over the dissolution trials.
Discussing the 111 banned politicians, Seri Suwanpanont, a drafter of the 2007 constitution, said only an amnesty could reverse the ban.
''The case is closed. The constitution cannot be used to absolve their wrongdoing,'' he said.
Whether or not the party dissolution cases and corruption investigations would be disrupted depended on what would be written in the provisional clauses of the amended charter, said Mr Seri.
Discuss
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Tell a friend
Bury
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