Section 190 change 'unconstitutional'

The Constitution Court ruled on Wednesday that the draft amendment to Section 190 concerning international agreements was unlawful.

The court ruled by a majority vote that the draft amendment violated several sections of the charter including Section 68, which prohibits anyone from overthrowing the country's democratic system with the King as head of state.

The change would give the government almost full authority to commit the country to most all international agreements without prior consent of the legislature. The court said the amendment would damage the checks-and-balance principle and give the government excessive authority to sign international agreements without public participation and approval of parliament.

The court was ruling on a petition by Wirat Kallayasiri, a lawyer and former Songkkhla MP for the Democrat Party.

Share your thoughts

Discussion 1 : 09/01/2014 at 08:25 AM
Yes PT was voted in through a majority gathered by combining other political parties seats needed to gain absolute power, now through all these attempts to pass bills and new laws they try to gain even more power and get rid of the check & balance principles. even an elected government in what country it is, must obligate by law and be checked by legislate and the people of the country, failing to comply would result into a dictatorship. as PT tried to gain power in not only the parliament but also the senate they were almost there (the full dictatorship) the people whom are demonstrating now are not followers of Suthep, but of the King!
Discussion 2 : 08/01/2014 at 10:37 PM
Sorry my dear - in Germany not the parliament is the sovereign - it is the German peopleship byself ! - And in our constitution ofcourse we have mechanism to beware constitution for unlawfull changing through a parliamentarian majority. - The makers of 2007-Thai-constitution copy this article! - in this articel 79 become clear, that it is never possible and allowed to change our Article 1 (Human rights as basic of our society) and articel 20 (basic principles of our country in organization and balance between federal government, federal parliament and chamber of federal countries of Germany) - and the 'watch-dog' ...
Discussion 3 : 08/01/2014 at 09:16 PM
"In every constitutional democracy I can think of (with the glaring exception of Thailand!) parliament's authority is sovereign." Well actually no. Parliament's authority is limited by the constitution and includes checks and balances to ensure that no one can be raised above it.
Discussion 4 : 08/01/2014 at 08:44 PM
International agreements must be debated by the legislators to ensure that the treaty or agreement is in the best interest of the nation. Not only the best interest of the ruling party.
Discussion 5 : 08/01/2014 at 08:40 PM
The problem is that when people are empowered to buy votes with promises of price supports, mega Baht government projects, and outright paying cash for the vote, you don't have a true democracy. You have a corrupt system that exploits everyone and benefits only the corrupt officials.
Discussion 6 : 08/01/2014 at 08:21 PM
as you can see most tend towards narrow national social feelings and needs no advices.
Discussion 7 : 08/01/2014 at 08:11 PM
Every bill this government tries to pass tries to prevent the public from knowing what they are doing, including the upcoming 2.2 trillion baht loans, that will give one person the right to sign checks for contracts, without the public knowing what the money is being spent on, or what the contracts are. The work of the CC will surely find it illegal too, as they should. The public has a constitutional right, even under the 1997 constitution, to know what is going on, always. That is called Democracy.
Discussion 8 : 08/01/2014 at 08:06 PM
Kick all these judges out of office because they get pay from the Democrat party to stop the country moving forward. Executed whoever opposed by the Majority. Election is the best way and it is accept by most countries in the universe.
Discussion 9 : 08/01/2014 at 08:04 PM
Yet another ridiculous judicial intervention. In every constitutional democracy I can think of (with the glaring exception of Thailand!) parliament's authority is sovereign. All the any court can do is determine just what it was parliament intended by a particular act. If parliament is to be subjected to the power of the appointed judiciary it is quite clear that the country can no longer be regarded as a democracy of any kind, let alone a parliamentary democracy. Effectively parliament has become a schoolboy's debating society - only without the debating!
Discussion 10 : 08/01/2014 at 07:36 PM
myopinion... they approved the 2007 constitution via referendum.
Discussion 11 : 08/01/2014 at 07:32 PM
Thailand needs to move forward with the time, international agreements are a plus for any country. Not block everything good by the revolutionary dreamers who have not done any good for their country up to now!
Discussion 12 : 08/01/2014 at 07:29 PM
The country needs to join ASEAN fast and stop all this domestic unemployed lazy constitution nonsense.
Discussion 13 : 08/01/2014 at 07:20 PM
Those who wants to start with reforms, do they want to keep the 2007 constitution. If yes, they cant change forms on anything anyway. CC vetos out any changes.
Discussion 14 : 08/01/2014 at 07:19 PM
maybe you should check first the story behind - how the Thai people got this constitution?
Discussion 15 : 08/01/2014 at 07:12 PM
Judicial corruption and politics will lead the country to civil war.
Discussion 16 : 08/01/2014 at 07:05 PM
Yes, checks and balances by democratic representation. Meaning, the government should let the legislature, which represents the people debate and vote on international agreements which could certainly have big ramifications for the country. sounds reasonable to me, why is that so difficult for you to understand. You're contradicting yourself. More of the same: we win the election with 48% of the people behind us and get to do as we please without deferring to anyone.
Discussion 17 : 08/01/2014 at 06:58 PM
And Thaksin returned to serve his sentence ?
Discussion 18 : 08/01/2014 at 06:54 PM
Very well done!! The changing of 190 only had one purpose….facilitate dark business deals by the great fugitive at the expense of the Thai tax payers….
Discussion 19 : 08/01/2014 at 06:50 PM
This government are in Tatters, their brazen attempt to force changes to the law so they can set laws for their own benefit has failed and shows the blatant dishonest corruption that is the cancer that is now malignant and terminal, the government is on its death bed and will be given its last rights soon.
Discussion 20 : 08/01/2014 at 06:41 PM
How many times does this clan have to violate the constitution of Thailand until some people wake up ?
Discussion 21 : 08/01/2014 at 06:36 PM
All the misdeeds done by PT are unravelling!
Discussion 22 : 08/01/2014 at 06:34 PM
One after another. How long the people have to take that ? How long does it take for Thai people and Foreigners to understand ? Another 100 dislikes ?
Discussion 23 : 08/01/2014 at 06:34 PM
How is being in a majority voted by the people overthrowing a system. The people are the checks and balances with their votes. The CC is the checks and balances as we have seen. Lawmakers simply try to introduce and pass bills. Maybe the CC should give guidelines as to how and who can change what in the constitution therefore saving the people and country so much trouble as we have seen. Lawmakers today should be weary of even trying to pass a bill as it could mean their demise.
Discussion 24 : 08/01/2014 at 06:29 PM
It is great to see that the court is in fact keeping these ShinCrim's from running about robbing the country blind with no one to answer to.
Discussion 25 : 08/01/2014 at 06:23 PM
All judges, independent agencies' officials and agencies appointed after the 2006 were illegal. Coup is illegal and with the amnesty bill gone the coup makers, supporters and financiers should be charged and the 1997 constitution returned to the people.
Discussion 26 : 08/01/2014 at 06:20 PM
Anther blow for the Dubai cronies….why do they always want to evade every single form of control when everybody knows they are not to be trusted at all….

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