Justice: Harvard Law, Verapat, says Constitutional & Civil Courts team-up intervene in executive domain

The following is from Verapat Pariyawong, a Harvard Law Graduate:

Dear:

The Thai civil court’s order today is one step closer to full scale judicial coup. By preserving the emergency decree in form but invalidating its key contents, the court rendered the decree almost pointless for the government.

Two points need to be stressed:

1. The factual determination in emergency situation falls under jurisdiction of the executive. This is granted by the emergency decree which could be struck down only by the constitutional court but by letting the decree stay the court and any other courts have no jurisdiction over this issue.

2. The constitutional court’s ruling only binds the civil court legally but not factually. That means the civil court is bound by legal interpretation but there is no judicial basis for the civil court to rely on factual determination by the constitutional court. The constitutional court determined the facts at one point in time but facts change by minute, therefore it is judicially impossible and legally illogical for the civil court to disregard the current situation and conveniently rely on the constitutional court’s ruling.

In sum, the civil court basically teamed up with the constitutional court in attempts to intervene in the executive domain, where the court has no accountability, and pave ways for the protestors to claim pseudo legitimacy to overthrow the government.

Verapat Pariyawong

One thought on “Justice: Harvard Law, Verapat, says Constitutional & Civil Courts team-up intervene in executive domain

  1. The courts attempt to execute a judicial coup and negate the will of the majority of Thais is third world politics at its worst. You read about stuff like this happening in Doc Duvalier’s Haiti or in Mugabe’s Zimbabwe.
    If they do succeed all hell will break loose. Thailand will join North Korea as a pariah state and the consequences To Thailand will be grave.

    Hitler should serve as a warning to these “educated elite” that they are leading Thailand to ruination by supporting a pack of fascist dictators trying to rob power from a legal democratically elected government with support from elements of the military.

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