Constitutional Court debate is a risky proxy war

Old wounds will be reopened if the government goes ahead with charter reform; perhaps a reason for it to think twice before taking that course

Charter "reform" has always been a political time bomb. When it deals with sensitive matters like the powers of the Constitutional Court, the situation becomes potentially more explosive. And when lawmakers are hell bent on changing the highest law of the land at a time of deep national divisions, the danger increases.

Does the Constitutional Court have the power to pre-empt charter amendments? That sounds like a legitimate question, but just because it's probably legitimate does not mean that demanding an absolute answer "right now" won't open fresh wounds and compound Thailand's political strife. Perhaps an equally important question is whether Thais are prepared for another serious conflict.

In any democracy, we can expect this kind of showdown between Parliament and the guardians of constitutional values. Many people believe that Parliament is empowered to initiate and attempt any kind of constitutional amendment, including one that could lead to eventual abolishment of the existing charter itself. The other school of thought insists that Constitutional Court judges are supposed to protect the will of the charter when it is under threat.

So society has been divided. One side sees the judges as an autocratic clique rocking Thailand's democratic boat. According to this camp, if elected representatives of the people do not have the ultimate say on what political values to instil, the country's democracy is half-baked at best.

The other side considers the judges the last line of defence against abuse of a democratic mandate. This current so-called "charter reform" plan is no more than a thinly veiled attempt to whitewash the patriarch of the ruling party, Thaksin Shinawatra. This camp charges that only through constitutional changes can his post-coup corruption conviction be annulled and seizure of his massive wealth undone. Should an entirely new constitution be adopted to accommodate just one man?

The question of which side is right and which is wrong might not be as important as whether Thailand can "take it some more" - and right now. Hostility, relatively subdued when the charter issue remained under the surface, is heating up again. Thaksin has been belligerent, as have his cohorts and enemies alike.

Protests against the Constitutional Court, which has asserted its power to pre-empt the attempt to write a new constitution, are likely to intensify. The court's supporters have not yet poured into the streets, but they will when push comes to shove. Again, protests and counter-protests are common in any democracy, but the situation in Thailand is far from normal. Our "peace" remains simply too fragile.

Some analysts believe the government and Pheu Thai Party are in fact not that keen to rewrite the charter. No one in power wants to risk his position by implementing an agenda that is certain to spark an explosion. With power to wield on other matters and a massive budget to spend, no government would want to see angry mobs on the streets and its future on the line.

It must also be noted that Thaksin and his supporters made no attempt to challenge the Constitutional Court's action when it acquitted him of share-concealment in 2001, and that the existing charter is almost a replica of the 1997 "People's Charter" that he so publicly advocates. The difference, of course, is that the present Constitution contains clauses that directly affect his legal status and wealth.

"If this Constitution should not be changed now, when is the most appropriate time?" advocates of charter "reform" have been asking. "Any time but now" may be a blunt yet sensible answer. Granted, democracy is all about implementing the will of the people, but there is also a thin line between being democratic and forcing something on a not-so-small minority. That thin line is dividing Thailand acrimoniously, and it's the responsibility of the Pheu Thai government to recognise this fact as well.

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Article source: http://www.thethailandlinks.com/2013/04/27/constitutional-court-debate-is-a-risky-proxy-war/