“Parliament doesn’t interfere with the deliberation of the court and so the court should know the limits of its power too. Courts are not above other organisations, and they have neither the expertise nor the authority to enact laws,” he said.
Despite the charter court’s refusal to issue an injunction against the third reading of the amendment bill tomorrow, Phongthep said the democratic system meant that the separation of powers among the three branches – executive, legislative and judiciary – must be respected.
Whether the third reading will go ahead was up to Parliament.
As to the possibility that the third reading could lead to some legal problems if there were an unfavourable ruling by the court later, Phongthep said Parliament had the prerogative to hold the third reading. It was absolutely legal and no move by any organisation could forbid it from taking place.
Although some MPs belonging to the ruling Pheu Thai Party were reportedly reluctant to vote, Phongthep said it was up to Parliament to sort things out.
Govt urged to reconsider plan
Chavanond Intarakomalyasut, spokesman for the opposition Democrat Party, urged the government to reconsider its plan to push for the third reading tomorrow, warning that it could lead to the early demise of the Yingluck Shinawatra administration.
Appointed Senator Kamnoon Sidhisamarn said the prime minister should not forward the charter amendment to His Majesty the King for endorsement if it passed third reading tomorrow. She should wait for the court’s ruling on the amendment’s constitutionality.
This is the best solution and will prevent Yingluck from finding herself in a difficult position, he said.