Tensions rise before ruling

AN ALL-OUT offensive against the Constitutional Court was launched by its opponents yesterday, ahead of today’s scheduled ruling on the charter-amendment bill in regard to the selection of senators.
Parliament President and House Speaker Somsak Kiatsuranont, along with two deputy speakers, yesterday denounced the judicial intervention in the charter-amendment bill related to the Senate, regardless of the outcome.
“After consulting with Parliament’s legal team, I find that the Constitutional Court is not empowered to launch a review on charter change,” he said.
Security was stepped up to guard the court compound in northern Bangkok, with around 2,000 police officers being deployed to ensure peace and keep order in the face of two large crowds supporting and opposing the charter court.
A team of 20 policemen took up sentry duty to screen out unauthorised individuals, while roadblocks and barriers were set up to shield the court building.
The Constitutional Court earlier accepted a petition from opposition party MPs and some senators to review whether amendment of Article 68 of the charter breached the Consti-tution. The amendment has been endorsed by Parliament and forwarded by the prime minister to His Majesty the King for final approval.
Somsak said the legislature had duly dispensed its duty to amend the charter as per Article 291 of the Constitution. Moreover, there is no constitutional provision sanctioning judicial intervention in charter amendment deemed necessary by the legislature, he insisted.
“I still believe the Constitutional Court will rule to enhance democratic rule under the King as head of state,” he said, voicing optimism that the judicial review will not strike down the bill. He said his comments should not be construed as trying to sway the outcome of the judicial decision. Echoing Somsak’s comments, the legal team – led by Somchart Thammasiri – outlined its three reasons for objecting to what it sees as judicial meddling in legislative affairs.
First, the Constitution does not empower the Constitutional Court to review charter change.
Second, the legislature has the sole power to amend the charter.
Third, the legislative process to amend the charter in regard to the Senate was completed on September 28.
Despite the anti- and pro-government protests, the nine judges of the Constitutional Court appeared to be remaining calm in carrying out their duty in forming a judgement.
“Judges with work experience of more than 30 to 40 years will not be distracted by sentiment, pressure, criticism or commendation,” a court official said, speaking on condition of anonymity.
The official said judicial independence was essential to the prevailing rule of law and that in the face of mounting pressure, it might be high time to shield that independence by empowering the Constitutional Court to cite contempt for unruly behaviour heaped on the judges.
Meanwhile a legal expert yesterday warned that the Court has no authority to decide on the charter-amendment bill, as it was now a matter of royal prerogative.
“Be careful, you may be violating the royal prerogative and violating the lese majeste law. You have no power to rule on the matter, as the premier has already submitted the matter to His Majesty the King,” Ukrit Mongkolnavin, former president of the Parliament and chairman of the government-appointed independent National Rule of Law Commission, said during a seminar on “The Role of the Constitution Court in the Survival of the Country”, held by Chulalongkorn University’s Faculty of Law.
In a separate press conference, 312 MPs and senators – led by the Pheu Thai Party’s Lop Buri MP and government chief whip Amnuay Khlangpha and Kamphaeng Phet Senator Krich Attikaew – spoke out in force against the court’s pending ruling.
“We will neither obey nor comply with the court’s ruling. Should the worst-case scenario occur, Prime Minister Yingluck Shinawatra would not take responsibility for royal endorsement,” Amnuay said.
Krich said the MPs and senators would seek impeachment of the nine justices if the court ruled in favour of the opposition’s petition. Amnuay denied, however, that the 312 parliamentarians had the intention of pressuring the court, and said they merely wanted to make the public aware of their stance.
Yingluck, meanwhile, yesterday pleaded for the public to be calm while awaiting the ruling. She admitted she had some concern, but did not want the public to panic. The PM said she believed the court would decide based on information and principle, and would act with all due caution.
Meanwhile, Democrat leader Abhisit Vejjajiva yesterday said he was taken aback to learn that the ruling Pheu Thai Party would not accept the judicial decision on the charter-amendment bill.
“I’m stunned because if we do not respect the authority of law enforcement of each administrative branch, it’s hard to see how the country can function,” he said in an interview broadcast by the Democrat-affiliated Blue Sky satellite-TV station.
A source from Government House said the government believed the court was likely to dismiss the case, as the charter amendment was not intended to topple the current system.