Constitution drafters should be tested for the job, says former drafter

Assoc Prof Jade Donavanik said that people applying to become constitution drafters should be required to take a test.

He noted that shortly after Thailand became a constitutional monarchy in the 1930s, there was a requirement for aspiring MP candidates to pass a test before they could contest an election.

Jade, formerly a charter drafter and an adviser to the 2017 Constitution's Constitution Drafting Committee (CDC), gave an analogy to back his point. He said that if he wanted to become a truck driver, he should be required to prove that he could drive a truck.

“I should not apply to become a truck driver if I can’t drive a truck. I should not become a truck driver just because many people think I can do it,” he said, adding that unqualified truck drivers could cause disasters on the road. “Truck drivers need to pass a test, so should there be a test for aspiring CDC members?” Jade asked.

He was speaking during a panel discussion at the Parliament building that was organised by the Senate’s committee on political development and public participation.

The academic also said at the event that the public should be consulted over any constitutional amendment that would allow the drafting of a new charter.

“There should be careful public debate on certain issues. The public should be consulted, and not just setting up a studying committee,” Jade said.

“Holding a public referendum should be the last thing to do, not the first thing,” he added.

The new government, which is led by the Pheu Thai Party, has a policy of amending the Constitution to pave the way for drafting a new charter. A government-appointed committee is being formed to gather opinions on how a new constitution should be written and how to hold a referendum on a new charter.

The current highest law, in force since April 2017, was written under the rule of a post-coup junta led by General Prayut Chan-o-cha. It was backed by most voters in a public referendum.

Senator Derekrid Janekrongtham said at Friday’s panel discussion that constitution drafters should have particular qualifications for the duty. However, he suggested that Parliament should first attempt to determine issues in the Constitution that require amendments or the rewriting of a new charter.