Scant understanding of democracy
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The current debacle over the charter change bill has brought into focus the inability of numerous government MPs to understand the true concept of democracy and the separation of powers. The opposition and others have raised questions, as is their right,
There is a body charged with interpreting prospective or enacted law as it pertains to the Constitution, and that is the Constitutional Court. It does not make law, though I muse its competence would far exceed those currently charged with making law, but that would breach the separation-of-powers dictum.
We have had ministers and MPs ranting that the court has no business examining the bill. They, in their arrogance and thirst for unobstructed, absolute power, fail to realise that that is its very job. It is a check and balance that prevents abuse of power.
Should the legislators wish to enact the struck-down law, they must first repeal or amend the law that prevents it being enacted. In a democracy, that is their right, but it is the duty of the courts to examine all proper petitions before them and judge upon them against the extant law. They interpret and rule on the law. Parliament makes the law. Thus, proper democracies function. The present tantrums show how far Thailand has to go to become a functioning democracy, let alone a mature one. Moreover, were the government to forward the bill for royal assent, it would be showing scant respect to two essential parts of the current Constitution, and in so doing reveal itself as thoroughly undemocratic. Only time will tell.
Fred Morrice
Bangkok
