Defending the Constitutional Court as farce

11 03 2019

Little things sometimes matter. For example, we noticed that the state’s propaganda arm did not officially report the king’s objection to (Princess) Ubolratana’s nomination by the Thai Raksa Chart Party until 9 March. Our quick search of its English-language website turned up a report of her nomination but no reporting of the king’s response (at least not as a headlined story). A quick search of the Thai-language part of the site produced nothing about the king’s response.

We may be over-reading this, but it seems to us that this lack of reporting until after the Constitutional Court’s decision is a remarkable piece of self-censorship and the now-required deference born of fear.

Meanwhile, in an effort to limit the damage of the whole affair to the monarchy, and especially for an international audience, hoary royalist and anti-Thaksin Shinawatra campaigner, Veera Prateepchaikul has been wheeled out.

Veera is a former editor of the Bangkok Post. His task in his most recent op-ed is to “explain” why the Court was right and “foreigners” are wrong to criticize the verdict.

He views it as no “surprise that most foreign media and human rights advocacy organisations” got the decision all wrong. He particularly ticked off by Amnesty International. He’s miffed that these “foreigners” see the Court’s decision as politicized.

He reckons the “foreigners” got it “wrong.” As “evidence” for getting it “wrong,” failing to consider “the role of the monarchy in society dating back to 1932 and its status of being above politics and being the symbolic soul of the nation…”. Of course, this is the usual blarney that royalists spew out when considering their beloved monarchy, ignoring the facts of history.

Veera relies on a written statement from one of the nine Constitutional Court judges who just happens to be his yellow-shirted buddy Nakarin Mektrairat. Now, Nakarin should know better as he wrote a history of 1932. But he sold his historian’s soul to the anti-democrats quite some time ago. A yellow-shirted historian, a 2014 coup supporter and constitution drafter and supporter of the lese majeste law, there seems little to assure “foreigners” that Nakarin is anything other than a junta quisling.

Still, Veera reckons Nakarin’s “enlightened explanation about how the court viewed the TRC’s nomination of Princess Ubolratana as its prime ministerial candidate and the possible repercussions towards the monarchy if this ‘highly inappropriate’ act was not nipped in the bud.”

Oddly, Nakarin apparently recognizes that Ubonratana was unencumbered by being a member of the monarchy but was still “undermin[ing] the basis and value of the constitution,” by her status as a member of the royal family and that it is the royal family that is “above politics” and this was “mandated in the first constitution of Thailand and enshrined in following charters.”

Indeed, Article 11 of the 1932 constitution did declare members of the royal family with status of Serene Highness and above were not to be involved in politics. However, by the time of most recent constitutions, this provision is not evident, having first been revised in 1946.

It is unclear which article of the constitution she was undermining or which law she was bending. In fact, even the Court relied on a half-baked notion of “culturalism” rather than law aand, of course, the king’s own pronouncement.

The real problem for Veera is that the person “dragging” this “member of the royal family into politics” is Thaksin, and therefore the move ” is simply unimaginable.”

It is not “electoral fraud,” that the “real motive” was to win the election. Indeed, this constituted a “wicked idea.”

We agree that the whole idea was daft and evidenced a kind of desperation, but to conclude that the “Constitutional Court’s verdict …has set a precedent … that the institution is politically impartial and above politics” is farcical. Just look at the repeated demonstrations of partiality by monarchs since 1932.


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15 03 2019
Junta called out on election rigging | Political Prisoners in Thailand

[…] A few days ago, hoary royalist and anti-Thaksin Shinawatra campaigner, Veera Prateepchaikul was pleading that “foreigners” were getting it all wrong on the Constitutional Court and the banning of the Thai Raksa Chart Party for nominating a (non) princess as its prime ministerial candidate. […]

15 03 2019
Junta called out on election rigging | Political Prisoners of Thailand

[…] A few days ago, hoary royalist and anti-Thaksin Shinawatra campaigner, Veera Prateepchaikul was pleading that “foreigners” were getting it all wrong on the Constitutional Court and the banning of the Thai Raksa Chart Party for nominating a (non) princess as its prime ministerial candidate. […]

19 09 2019
Royal teflon | Political Prisoners in Thailand

[…] that confounds law and constitution: the decision on Ubolratana’s foiled candidature in the March election and the recent decision to ignore the junta’s own constitutional requirements and effectively […]