Law and the challenge for the Constitutional Court

21 02 2019

The fallout from Thaksin Shinawatra’s ill-fated attempt to have Ubolratana nominated as the Thai Raksa Chart Party prime ministerial candidate continues.

The Bangkok Post reports that the party’s defense before the Constitutional Court has three parts:

First, the party has no hidden agenda and its nomination received consent from Princess Ubolratana to stand as the TRC’s prime ministerial candidate.

From Ji Ungpakorn’s blog

Secondly, the party will show the term “hostile” does not cover the party’s actions. In their view, the term covers communism and rebellions under Section 113 of the Criminal Code.

Lastly, the EC’s complaint is unlawful because the agency failed to follow a due process by conducting a probe into the issue….

To understand the “charges,” it should be recalled that the puppet Election Commission unanimously and very rapidly decided to recommend the dissolution of Thai Raksa Chart based on “evidence” that included:

the Feb 8 royal announcement, the party’s letter notifying the person it proposed as the prime ministerial candidate and the party’s letter allowing Parliament to consider approving its candidate as PM.

In this context, Prachatai’s interview with Sawatree Suksri, a law lecturer with the Faculty of Law at Thammasat University “on the legal status of the Royal Command and its interpretation” is important reading.

She is adamant that the so-called Royal Command or Proclamation is not law, despite its use as such by the EC and anti-Thaksin forces. She states:

If anything is to become law, it has to follow the country’s legislative system. Thailand has a codified system of laws issued by the legislative branch, or the executive branch in the case of a royal ordinance, or the administration in cases of secondary laws where this is allowed by the fundamental laws. Because of this, the royal command is not a law, because it did not go through legislative procedures.

Sawatree adds: “the content of the Royal Command is not an order, but a recommendation.”

In other words, the use of King Vajirlongkorn’s royal proclamation on his elder sister is now a test of the judiciary. If the Constitutional Court acts appropriately and legally, it would reject the EC’s use of the king’s proclamation. If it stays true to it royalism, it will change the very meaning of law in Thailand, taking the country even further towards a neo-absolutist regime.


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22 02 2019
EC and double standards | Political Prisoners in Thailand

[…] “members of the royal family are above politics and cannot hold political positions.” Others disagree and note that the king’s “command” is not […]

22 02 2019
EC and double standards | Political Prisoners of Thailand

[…] “members of the royal family are above politics and cannot hold political positions.” Others disagree and note that the king’s “command” is not […]