Anti-democratic lawyers

Readers who have followed PPT for a while will know that the Lawyers Council of Thailand or, as they seem to prefer, “The Lawyers Council of Thailand under Royal Patronage,” is a redoubt of royalists who, at times, seem unable to understand the law, except in remarkably politicized ways. Given that they are aligned with the various kangaroo courts, ultra-royalists and have acted as propagandists for anti-democratic movements for several years, their latest “advice” should come as no surprise at all. Read it an weep for the law and justice in Thailand:

Declaration

To, Professional Colleagues, Dignitaries, Distinguish UN Representatives and to all whom it may concern,

The Lawyers Council of Thailand under Royal Patronage deems that it would be proper to elaborate on the exercise of people’s power within Article 3 and Article 7 of the Constitution of the Kingdom of Thailand B.E. 2550 (the “Constitution”). The concerned situation’s momentum has shifted since our prior Announcement (Thai Version) on the application of Article 7 of the Constitution, issued on 10 January, 2014, as follows.

1. Article 3, First Paragraph, of the Constitution clearly states that Sovereign Power belongs to the Thai people. The Government, the Assembly, or the judiciary body are merely Representatives, who are empowered to use and exercise the three-branches-powers on behalf of the people. In this context, when the people of Thailand had no longer consented to allow any of those individual branches to utilize, in this case, the executive-administrative and legislative powers, the people could amend their legitimate rights and exercise their lawful rights in accordance with Article 3 of the Constitution. In simple words, the Thai people are allowed and may request the formation of “the People’s Government and the People’s Parliament” through the provision of Article 7 of the Constitution accordingly.

2. There are several situations which could lead to a political power vacuum; a situation that may occur when no central administrative body is in operation to carry out the country’s functions. In Thailand’s current political situation, there are several possibilities which could create such so called “Political Power Vacuum”, for example, the interim Prime Minister resigns from the position. Or if the National Anti-Corruption Commission (hereinafter “NACC”) delivers its primary finding prompting legal proceedings against politicians or former MPs for restraining the decision of the Thai Constitutional Court and illegally changing and interfering with the due process of legislation enactment, or placing formal legal charges against the Prime Minister under the Anti-Corruption Laws. In any of such circumstances, the administrative body would automatically cease operation and create a Political Power Vacuum. Under such circumstances, Article 7 will be applied accordingly

3. If a Political Power Vacuum actually happens, it is Thailand’s customary practice under the Constitutional Monarchy with the King as the Head of State, to appoint the person who holds the sovereign power to form the government (executive) body and the legislative body. However, in order to establish “the People’s Parliament and the People Government,” the current Constitution must be abolished and a new Constitution must be drafted. Therefore, after the Political Power Vacuum takes place, the head of people uprising would have to abolish the current Constitution and establish a “People Parliament.” This Parliament would acquire temporary power in order to facilitate legislative power and to draft a new Constitution accordingly.

4. Article 3, second Paragraph of the Constitution states clearly as to the compulsory application of the Rule of Law, while Article 7 will take its role when no other provisions under the Constitution are applicable; e.g., a Political Power Vacuum occurs. It means that Article 7 shall then be applied for enforcement under such said circumstances. Article 7 is specifically designed to be applied and enforceable in accordance with and subject to the customaries and Rules of Law of the Constitutional Monarchy having the King as the Head of State. Therefore, the application of Article 7 does not contradict, undermine, nor prejudice the King’s authority under a Thai Constitution; whether applied by a Military’s Coup d’Etat or People Demonstration turned into a popular uprising.

5. Under the current circumstances, although there is an interim Government and interim Prime Minster acting as the main administrative body of the country, their powers, however, are being restricted by Article 181 of the Constitution preventing them from using “parting shots”, in exercising their administrative power. Thus, the question of who would be the one utilizing Sovereign Power still remains. If the Sovereign Power does actually lie with and can be utilized by People’s Democratic Reform Committee (“PDRC”), and if the people are able to decide and to exercise this power, then there can be a legitimate act of establishing “the People’s Parliament and People’s Government” in the same manner as prior Military Coup d’Etat that took place in Thailand on several occasions throughout Thailand’s 82 years of Constitutional Monarchy. The only difference is that this on-going action will become the first peaceful and unarmed uprising, setting precedent of our political history and an important lesson to be taught worldwide following the bloodless dissolving of our slavery system during our Great King Rama the Fifth.

Issued on this 16th days of January, 2014, Bangkok Metropolis, Kingdom of Thailand.

Mr. Dej-Udom Krairit

President of The Lawyers Council of Thailand

Under Royal Patronage