Just foresay or Just period?

Come next Sunday, August 19, most Thai citizens will head to their home towns to vote whether or not to accept the newly drafted constitution, and if accepted, will mark a decade since the old constitution was implemented. I say any constitution is better than no constitution, which is basically where the state of the country is at now. Apparently, there is a movement, which was represented by taxi drivers in the newspaper, that are against the new constitution. Some of their points are legit.

There is nothing abruptly wrong with the content of the new draft. It includes all the basic and expected human and citizen rights, including many newly lobbied editions and amendments specifically covering rights of disabled persons, consumers, and communities–not specifically addressed in the last constitution. Some Thais are all gung-ho as most of it is more detailed and specific than the previous 1997 version. Many argue that it will prevent politicians from misusing and manipulating ‘broad interpretations’ for their own benefit…well not completely.

Here’s the catch–the ‘exception’ rule, basically stating that all rights are void if it is a matter of state or national security, which ultimately would come to the discretion of the ruling leader(s) having outweighing power over the constitution. So, in other words, as seen with recent coups and takeovers of government, any individual with enough power only needs such an exception anyway to justify actions to take things in their own hands.

In that light, why have a constitution at all? A constitution is ideally the ultimate check for any over zealous or ambitious ruler, not something a ruler can decide to be valid or not at their own will or benefit. What do you think, should matters of ‘national security’ have overweighting priority over a constitution?

Popularity: 3% [?]


Did you find this post interesting? You may also enjoy these posts:

2 Responses to “Just foresay or Just period?”

  1. Jao Moragoat Says:

    Well, the more I read about what the new proposed charter implies, the less dandy I feel about the whole thing. Here are two commentaries of why not to and why to vote for it:

    WhyVote No:

    http://www.nationmultimedia.com/2007/08/17/opinion/opinion_30045346.php

    Why vote yes:

    http://www.nationmultimedia.com/2007/08/17/opinion/opinion_30045345.php

    IMO, the former is more convincing…while the latter’s reasoning is falling back on the ‘choose lesser of two evils’ tone, suggesting that if the country doesn’t accept the charter, then the current Junta will have their way anyway, and the next constitution will be written by them fully with no subject to a vote…I’m not sure what to think about that. I say if it’s that bad, people shouldn’t vote yes based on fear, but should only vote yes if they truly understand and believe in all the new amendments…

    Personally, I believe the biggest flaw is the subjection of all rights to the pending Internal Security Bill, which ultimately makes citizens’ rights inferior to the discretion of any powerful individual(s) which is more like a dictatorship…

    if it’s fear driving ones vote, than I say sack the fear, and let the supposed ‘Democratic’ labled Military Junta try to enforce an undemocratic constitution…for it certainly wouldn’t endure with the times…not if Thailand expects to save its face among the international community.

    Either way, yes or no, I believe the next year brings unrest to the Thai political scene, and I can only hope that Thailand figures out a way to check and balance all forms of power and authority, whether backed by ammunition or bank quotas–absolute power has got to go!

  2. Jao Moragoat Says:

    Update:

    A slight majority of slightly more than half of Thailand’s eligible voters endorsed the new referendum, which after H.M. King Bhumibol Adulyadej signs, it will become Thailand’s 18th constitution (in 75 years) !

    Considering that at least 40 percent of voters yesterday were in disapproval–a majority from Thailand’s most populated region, Isarn (Northeastern Thailand)–it’s likely that this constitution won’t be Thailand’s last and final.. May we be prepared for a 19th, 20th and perhaps more before Thailand celebrates its Constitutional Centennial in 25 more years.

    The bright side is the military junta has promised it will allow elections this December after the king’s birthday…

    For full news link/details, see:

    http://www.bangkokpost.com/topstories/topstories.php?id=120987

Leave a Reply