CDC plan for court presidents to have special powers opposed
Former Sukhothai Thammathirat University rector Yuthaporn Issarachai has opposed a proposal to give presidents of the Constitutional Court, the Supreme Court and the Administrative Court special decision-making powers in the event of a national crisis or
A Constitution Drafting Commission (CDC) spokesman had floated the proposal.
Yuthaporn said several countries give special powers to certain officials, such as the president, prime minister or high-court presidents, during times of crisis, but the CDC had only proposed that top officials within the judicial branch would be empowered, excluding heads of the legislative and executive branches.
He said that the CDC should at least allow Parliament to review solutions proposed by top court officials.
Yuthaporn added that he understood that Parliament had failed to solve recent political crises. He suggested that charter writers remove legal snags such as meeting directives and political-party laws, while increasing mechanisms for Parliament to solve political crises. “Giving special power to the courts, which are not linked with the people, may not help solve problems,’’ he said.
Meanwhile, Suriyasai Katasila, director of Rangsit University’s Thailand Reform Institute, voiced concern that the CDC may be writing the charter to increase power of the state and reduce that of the civic sector. He said the CDC was trying to add new mechanisms to ensure transparency in politics, yet more than halfway into the drafting process it had still not created any mechanism to strengthen the civic sector to check the government.
“This may cause Thailand to be stuck in the old vicious circle. It also goes against the policies of the National Council for Peace and Order and the Prayut government, which are trying to increase public participation in state policies and projects.”
The country had failed politically because power had been centralised in the hands of only a few groups. “When these groups cannot settle or agree on any issues involved with interests, conflicts will erupt. Although the civic sector has shown increased political awareness, they have no power to deal with any issue, but are viewed as merely supporters of politicians to help them achieve their agenda,’’ Suriyasai said.