Injustice Fact: 1) Abhisit can & did amend the military constitution, but Yingluck can not

By Ranger, Thai Intel’s political journalist

Abhisit’s Democrat Party is trying to get the constitutional court to “Disband” Yingluck’s Pheu Thai Party and also the government’s coalition political parties, and to leave him, in the position to grab hold of power, citing some complicated rationale in the case at the constitutional court.

While most neutral Thai political observer calls the 2006 military coup government created current constitution, as an anti-Thaksin document and is therefore, not neutral, most neutral observer says Abhisit is up to his “Old Hopes and Old Tricks” of getting back into power by “Special Situation” arranged by the Elite Establishment.

  • “Abhisit does not care about preserving the constitution or sees the constitution as some special or sacred piece of document that can not be changed, but he is just using the issue as a leverage to gain quick power, by moving to terminate all the other political parties that agreed to amending the constitution………It is the old Thai saying that Abhisit is hoping the orange will fall from the tree into his hands,” said Carl Chimson, on a popular blog, visited by many neutral expatriates.

Carl pointed out, that in fact, Abhisit had amended the constitution before, and there did not appear to be an issue about how sacred the constitution is, or some complicated legal case, to the extent that it can not be amended.

Carl said ahead of the 2011 general election, Abhisit amended the constitution, to better the chances that he will win the general election.

  • “Abhisit increased the Party List MPs to 125 from 80, hoping a overall vote result, similar to Pheu Thai party, even if not winning majority, will give his party larger numbers of Party List MPs. On top of that, Abhisit also reduced the number of regular MPs from 400 to 375, immediately cutting out 16 MPs from the North and Issan region, and only 2 from Southern Thailand, to weaken Pheu Thai that is strong in the North and Issan region,” said Carl.

Carl said clearly, Abhisit amended the constitution relates to the number of MPs as a way to gain power over parliament, and clearly, that is about what Yingluck is also doing.

  • “Abhisit amending the constitution, is about Politicizing the constitution to benefit him in the election, and Yingluck’s Pheu Thai Party is doing the same, with wanting the Senators to come from elections, not appointed and a more transparent independent agencies, so her chances of survival is better,” said Carl.

Carl say the problem Yingluck is running into is about the “Double Standard” in Thailand.

  • “In Thailand the double standard problem is everywhere, like foreigners paying double price with the Thais pay. But normally, we would think, Abhisit can and did amend the constitution, and so it is only fair, that we think, that Yingluck can do the same thing. But the way Thailand is set up, amending the constitution, is off limits for Yingluck,” said Carl.

Some observer disagree with Carl, and said there is no “Double Standard” but establishment just wants to keep the constitution an “anti-Thaksin document.”

  • Peter Ablem, said in the same blog with Carl, that, quote: “The establishment OK Abhisit to amend the constitution so he can wrap up the election winning is just clearly a smart thing to do, but to allow Yingluck to amending the constitution, so the power structure in Thailand is less anti-Thaksin and anti-Yingluck, and frankly, more neutral and democratic, is just clearly a stupid thing to allow. They will never agree to it.”

So Abhisit’s Democrat Party’s is wishing for the orange to fall from the tree and for the power structure in Thailand, from the military constitution, to not be neutral, but anti-Thaksin.

What is new about injustice Thailand?

Thus Abhisit had followed-up on a similar legal tactic by the Yellow Shirts’s People’s Alliance for Democracy (PAD), which yesterday filed request with the Constitution Court, to disband most of Thailand’s political parties, and stop the process of amending the constitution.

  • Abhisit’s Democrat Party said, today, it will request the Constitution Court order the cancellation of the amendment of Sections 68 and 237 of the constitution and order the dissolution of six political parties which support the related charter amendment bill, the party’s legal team leader Wirat said on Tuesday. Mr Wirat said the 312 MPs and senators, in proposing the bill, defied a Constitution Court ruling.

The Constitution Court had earlier ruled that amending the charter in its entirety by House legislation is not allowed and amending Section 68 is tantamount to depriving the people of the right to submit a petition directly to the court to protect the provisions of the charter.

“We want the court to issue an order that those legislators cancel the amendment of Sections 68 and 237 and another order to dissolve the Pheu Thai, Chartthaipattana, Palang Chon, Mahachon, New Democracy and Chart Pattana parties, whose MPs support the charter amendment bill,” said Wirat.

  • “We also want the court to issue an injunction ordering the parliament to halt the ongoing amendment of the two sections,” Mr Wirat said.

After submitting the request, the legal team would draft two petitions for the Constitution Court to rule on — the constitutionality of the government’s 2.2 trillion baht loans bill and the reconciliation bill of Deputy Prime Minister Chalerm Yubamrung, Mr Wirat said.

The last time Yingluck’s Pheu Thai Party attempted to amend the constitution, in 2012,  the constitutional court put a break on the process, issuing a ruling most legal expert sais was in the color “Gray” that left a great deal to interpret.

This year, Yingluck’s Pheu Thai party and its government coalition political parties, decided to reject the constitutional court power, and went ahead with the amending process.

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