Updated: Keeping the junta’s constitution

Readers will recall that the People’s Party’s agreement with the royalist conservatives led by Anutin Charnvirakul included this:

In the event that the Constitutional Court rules that a referendum is necessary before Parliament can amend the Constitution of the Kingdom of Thailand, 2017, in accordance with Section 256, the new Cabinet must hold a referendum on the amendment of the Constitution of the Kingdom of Thailand, 2017, to lead to the creation of a new constitution by an elected Constitution Drafting Assembly as soon as possible, but no later than the date of the general election.

The politicized Constitutional Court has now ruled that three referenda are required.

From Ugly Thailand

The Bangkok Post reports the court’s decision:

By a 6–1 majority, the court ruled three rounds of referendums are necessary. But the court has allowed the possibility of combining the first and second referendums into one, providing flexibility in implementation.

The first referendum is to ask the public whether a new constitution should be drafted. A second will be to seek public opinion on key principles and methods for drafting the new charter, while a third referendum will decide whether to approve or reject the completed draft constitution.

This is a process that to reasonable and democratically-minded citizens must seem bizarre. In essence, this ruling is meant to keep the existing, junta-created 2017 Constitution in place. And, even if it is attempted, it is likely a process that will take a considerable time.

And, recall that when a coup takes place, constitutions are simply ditched. In other words, the courts never deem coups illegal, but make getting rid of coup-inspired decrees and charters next to impossible. Clearly the judges love the military and its constraints on democracy. And “progressives” are meant to be stuck in the mud.

Update: Thai Enquirer has an assessment headed: “Constitutional Court becomes the ‘Rule maker’ of Thailand as the court that can’t be questioned starts to make plans to amend the constitution more difficult.” It adds that Piyabutr Saengkanokkul has “said the Constitutional Court ruling, which confirms that Parliament has the authority to amend the constitution but cannot grant the people the right to directly elect members of a Charter Drafting Assembly, effectively positions the Constitutional Court as the ultimate constitutional authority.” Further:

The People’s Party (PP) leader Natthaphong Ruengpanyawut has called on the ruling Bhumjai Thai Party (BJT) to urgently submit a charter amendment bill under Chapter 15 of the constitution within the next seven days. He said delays would undermine the coalition’s Memorandum of Agreement (MOA) signed in exchange for PP’s support for BJT to lead the coalition government. His demand could put the new government in a spin, as it races to put together a new cabinet and shape a practical agenda within the narrow timeframe demanded by the PP.

Natthaphong said that, despite the court’s ruling, drafting a new constitution with an elected (CDA) remains a central priority. He said this commitment is explicitly written into the MOA. He argued the first referendum could be held alongside the next general election, expected within four months of the new cabinet assuming office, once parliament approves a bill seeking changes to Chapter 15, which outlines the procedures and requirements for amending the charter.