By Terence Chulavachana
It was another typical day at the elite establishment serving, Thai Constitutional Court, with a case on Abhisit postponed and two cases on Yingluck accepted. The Thai Constitutional Court, by its own admission, is struggling to gain credibility with the Thai people, setting a road map, of getting about 60% acceptance by the Thai people in 2 to 3 years, and increasing it to 70% to 80% in 4 to 5 years. That is because, in poll after poll of the Thais, sees majority of the Thais having little confidence on the court’s ruling.
Even a latest poll by ABAC, says 54% of the Thais sees the law and the 2006 coup constitution, that created the constitutional court, as a cause of the Thai political crisis. The self admitted failure of getting credibility from the Thai people, and the court’s road-map, was set into motion, shortly, after the former court head, Vassan, made a political blunder, and admitted the court termination of a political party close to Thaksin, was not on the case’s merit, but on political environment of the time.
Recently, the global Parliamentary union, made a request to meet the court, on cases the body said was wrongful ruling by the court, but the court, refused to meet the body. For the past few years, the Thai parliament and the constitutional court, have clashed, on the issue of the separation of powers, between the administrative, judicial and legislative branches, with most saying the Constitutional Court, is trying to expand its power over how parliament made law. That right to trespass over Parliament, was made by a “Comical” translation of the military constitution, translating the word “And” to mean “Or.” That “Or” the court argued, gave it the right to take up cases directly, not having to go through the Attorneys General Office.
Today, several local press reported what many in Thailand have expected, that a case on the MP status of Abhisit, had been delay, and on the same date, the court accepted two cases against Yingluck, one on the budget and another on the military constitutional amendment. On the budget, the case involves Parliament not calling in the court for opinion on the allocation of money to the court, as the military constitution says adequate money must be given to the court, and on the military constitutional amendment, it is on changing the constitution to require all senators to be elected.
Most neutral observer says, “Boring predictable broken record by the elite establishment’s control justice system going on for about 10 years now.” Countering the worse case scenario, from a elite establishment going too far, says most neutral observer, is that the Red Shirts movement is extremely powerful these days and the military is un-likely to stage a coup.
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