By Thai Newsroom Reporters
THE CONSTITUTIONAL COURT has practically become a “superpower” agency which could put an end to policies and resolutions made by those in the legislative branch and hand them severe penalties, according to a noted academic.
Munin Pongsapan, a former dean of Thammasat University’s Faculty of Law, commented the Constitutional Court had been practically turned into a “superpower” agency empowered by the junta-designed constitution of 2017 to deliver draconian penalties to parties in the legislative branch at any given time.
That the Constitution Court’s ruling delivered yesterday (Jan.31) to prohibit the Move Forward from proceeding with attempted amendment to the lese majeste law, better known as Section 112 of the Criminal Code, unambiguously underlined the independent, judicial agency’s superseding power over pro-amendment moves of the progressive party which constitutes part of the legislative branch, Munin said.
According to the Thammasat academic, the Constitutional Court has unduly overpowered the legislative branch though the judges were basically designed to keep the judicial branch in check and balance with the legislative or executive branch.
“As part of the country’s judicial branch, the Constitutional Court has not only overlapped in the business of the legislative branch but obviously terminated it with their superseding power.
“The country has been prevailed by alarming circumstances under which one could incredibly turn something which they may find unpleasant into something completely unlawful,” the former dean of the Thammasat law faculty said.
He apparently referred to some kind of antagonistic sentiment adopted among the judges of the Constitutional Court against the sustained Move Forward attempt to amend the lese majeste law which they have ruled as an “abrasive” act against the monarchy.
The “abrasive” act allegedly purposely committed by the progressive camp during last year’s electoral campaigns in pursuit of amendment to the draconian lese majeste law could probably be developed over time to finally undermine the monarchy, according to the court’s ruling.
The court order has been delivered for former Move Forward leader Pita Limjaroenrat and his partisan colleagues to immediately stop it, especially during the party’s future electoral campaigns.
Such an “abrasive” act could gradually “deteriorate” the monarchy and turn the people-revered, highest institution into some sort of a public enemy in terms of political affairs, according to the junta-appointed court.
Though Move Forward leader Chaithawat Tulathon categorically denied that they had looked to amend Section 112 with intent to make it an “abrasive” or destructive act against the monarchy, the court ruling has today prompted the petitioning via the Election Commission for the Constitutional Court to dissolve the Move Forward and ban all the party’s executive board members from politics for a number of years.
CAPTIONS:
Top: Representative images of the Constitutional Court. Credit: Matichon
First insert: Mr. Munin Pongsapan, a former dean of Thammasat University’s Faculty of Law. Photo: Matichon
Second insert: Former Move Forward leader Pita Limjaroenrat. Photo: Thai Rath
Front Page: Signage of the Constitutional Court. Photo: Thai Rath
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