Parliament, Moving forward, submitting an urgent motion asking the House of Representatives to set up a committee to study the scope of constitutional jurisdiction and legislative power. After looking at the decision of the Constitutional Court Affecting work
Mr. Chaithawat Tulathon, list of MPs and the leader of the progressive party As the leader of the opposition in the House of Representatives along with MPs of the Forward Party Submit a letter to Mr. Wan Muhammad Noor Matha, Speaker of the House of Representatives. To propose an urgent motion to request that the House of Representatives appoint a special committee to study the scope of constitutional jurisdiction and the scope of legislative power. Due to the decision of the Constitutional Court No. 3/2024 or the case of overthrowing the government of the Progressive Party. The full diagnosis was published in the Royal Gazette on February 29.
The Progressive Party sees that there are some issues that affect the performance of its duties. and the perfo
rmance of the work of MPs, including members of parliament significantly Therefore, it is necessary to propose an urgent motion requesting the House to appoint a special committee to study the scope of constitutional jurisdiction and the scope of legislative power. In the case of investigating the actions of MPs or members of parliament in legislative proceedings According to the Constitutional Court decision No. 3/2024 and other decisions
Because of the accusation that the proposal to amend the criminal law, Section 112, of the Progressive Party MP is It is the overthrow of the government. There is one issue where the party has made progress. has disputed the allegation that Proposing amendments to Section 112 of the Criminal Law is not an exercise of rights or freedoms. The Constitutional Court has the power to make decisions according to Section 49 of the Constitution that appears in the petition. But the proposed draft law Whatever version it is, it is the power of the MPs according to the legislative pr
ocess. and proposing legislative bills It cannot be the overthrow of government. Because the state has assigned the jurisdiction of the Constitutional Court. Has the power to examine draft laws. both before and after the promulgation, but it appears that according to the decision of the Constitutional Court The jurisdiction of the Constitutional Court has been interpreted as follows: Although presenting a bill to the House of Representatives is a parliamentary method which the Constitution provides for the legislature Has direct authority to propose laws.
However, the Constitutional Court found that Constitutional Court Has the power to inspect and decide whether Proposing the said law Is it the overthrow of government? which in this section It will affect the clarity of the jurisdiction of the Constitutional Court. This will directly affect the performance of the legislative branch, whether it be MPs or Members of Parliament.
Mr. Chaithawat said the House of Representatives should urgently consider proposi
ng an urgent motion requesting the House to appoint a special committee to study the scope of constitutional jurisdiction and the scope of legislative power. Cases examining the actions of MPs, including previous court decisions Concerning the proposed amendment of the Constitution to allow for the election of a Constituent Assembly (MP) or cases where there has been a decision Do not amend the constitution In amending the origins of senators, however, all of these things significantly affect the balance and balance of power of the legislative and judicial branches.
‘The Move Forward Party hopes to be able to include it as an urgent motion as soon as possible because it has a direct effect on MPs and Members of Parliament are uncertain. What can or cannot be done? and what can be interpreted or can be examined by the Constitutional Court more than what the Constitution specifically specifies. And this matter is only a motion to propose education. It does not affect the decision that has already been made. An
d it is not about any violation of the court. all,’ Mr. Chaithawat said.
Mr. Wan Muhammad Noor said he would take the motion to the House’s legal department. Examine the scope of the power of the Speaker of the Council. and methods for further operations without conflicting with the provisions of the Constitution and various regulations and will proceed as the party desires To protect the interests of all parties To comply with the provisions of the Constitution and regulations.
As for how the results of this study by the Special Commission will affect various parties, Mr. Chaithawat said that at least there will be clarity in the legislative branch. How much jurisdiction does the Constitutional Court have? And we expect that the results of this study It will take part in considering the preparation of a new constitution in the future. This matter is still a problem to this day, such as the draft of the Pheu Thai Party proposing amendments to the constitution. without editing the entire version Each parliam
ent considers that Proposing to amend the constitution like this It will be contrary to the decision of the Constitutional Court. Even though the Pheu Thai Party uses power in accordance with the constitution If this matter is still unclear There will continue to be problems in the future.
Mr. Chaithawat further said that the results of this study It may lead to proposals to amend some sections of the constitution. In order for clarity to occur more about the scope of power of the Constitutional Court. For example, if the Constitutional Court views that Proposing a law It is the power of the legislative parliament. If the judges of the Constitutional Court I want to check the constitutionality. The constitutionality should be examined according to the procedures that the Constitution has specifically prescribed. That is, after the draft law was passed. Before being announced This may lead to the amendment of Section 49 of the Constitution to make it clear that What are the exemptions? More than that, it may
lead to amending all articles related to the Constitutional Court, etc., so as not to cause a loss of balance in checks and balances with various political institutions.
When asked about the case where a copy of the case to overthrow the government of the Kaewklai Party will be brought to the Election Commission (EC) meeting, is it considered rushed to be considered or not? Mr. Chaithawat said that there is still no conclusion. He already knows that there are people who have gone. cry The party’s legal department prepared to fight the case At this time, we are just waiting for when the Election Commission will call us to acknowledge the allegations. According to the process, there should be an inquiry process. To give us a chance to fight Clarify the allegations as soon as possible.
When asked about the special committee that is proposed Does it not have a concrete effect on the decision of the Constitutional Court? Mr. Chaithawat said that is correct, it is impossible and we do not want it to affect the de
cision that has already been made. But problems will arise after this. including future problems If the study can lead to suggestions for amending and adding a better constitution in the future, that would be a good thing.
Mr. Chaithawat further said that the problem of interpreting constitutional jurisdiction is not new. which is very strange If the legislature is unable to amend constitutional laws like this
‘Because we have already fixed it. The legislature, including the Constituent Assembly, can amend the origins of the Senate. But when one era came, it appeared that The Constitutional Court has expanded its power to interpret such matters, interfering and crossing the boundaries of the legislative branch. It will be a political problem in the future,’ Mr. Chaithawat said.
When asked if there were any discussions with other political parties, Mr. Chaithawat said that he had already informed the government political parties. But what the attitude will be, I don’t know because it depends on the privileg
es of the party. In the morning after the opposition leader’s meeting He informed that A motion will be filed on the matter. which was emphasized to all parties that This is not a motion. who said that the use of power and the interpretation of the Constitutional Court in the past, right or wrong, but it is a proposal for education for the future only.
Source: Thai News Agency