Political parties can nominate Constitutional Court judges: CDC
Charter drafters formed a consensus yesterday to allow representatives from political parties in government and the opposition to sit on the committee to select Constitutional Court judges under the new charter, which may include a people's representativ
And the Constitution Drafting Committee is still pondering a proposal to allow the soon-to-be established People's Assembly to send a representative to sit on the selection committee.
The new framework by the charter drafters – part of judicial reforms – is a significant break from the 2007 Constitution, as representatives from Parliament will be allocated seats on the committee to select judges for the highest court.
The Constitutional Court and the judiciary have been subject to criticism for controversial decisions, which critics say have deepened divisions within the country. These date back to the ruling in mid-2001 to acquit Thaksin Shinawatra in an infamous asset concealment case.
The court had then come under attack by Thaksin supporters for its decision to dissolve Thai Rak Thai Party in 2007 and the People’s Power Party in 2008.
Some may even argue that the Constitutional
Court is partly to blame for the country’s deep political divide.
As a result, there had been a genuine feeling that a new framework needed to be set up for the selection of Constitutional Court judges, as part of justice reform.
An article drafted by a CDC member stated that the committee appointing Constitutional Court judges must consist of the following: two members selected by the Supreme Court judges’ assembly, with another picked by Administrative Court judges; political parties in government and opposition will be able to choose two members, while two members would be selected each by deans of law faculties at private and public universities; two members would also be selected by deans of political science faculties at private and public universities; and, if the CDC eventually agrees, a member would be selected by the soon-to-be established People’s Assembly.
Meanwhile, CDC chairman Borwornsak Uwanno insisted that the new charter would definitely not include provisions to dissolve political parties or ban party executives on grounds that they have been involved in electoral offences committed by MP candidates.
