New charter now a living document

The interim constitution took effect after His Majesty the King endorsed it yesterday morning.
The 39-article charter stipulates the immediate formation of the National Council of National Security in place of the Council for Democratic Reform (CDR) after retired Army General Surayud Chulanont was officially named the country's 24th prime minister yesterday. Under the charter, a 250-member National Legislative Assembly will be set up to function concurrently as House and Senate. It can submit inquiries to the 35-member cabinet over its performances but cannot file confidence or non-confidence votes. The prime minister and the 35 ministers cannot be members of the Assembly, or members of the Constitution-drafting Council or any committees under it. For the charter drafting process, a Constitution-drafting Council would be formed, comprising 100 members who must be party members and not have held political positions for the past two years. They must also not be members of the National Legislative Assembly. To form the Constitution-drafting Assembly, 200 people will be short-listed from a 2,000-member National Council, selecting qualified people from all walks of life. The names would be further narrowed to 100 by the National Council of National Security. Those selected would serve as members of the Constitution-drafting Assembly. They are required to form a committee of 25 outsiders and another committee of 10 legal experts to lay out the blueprint of the new Constitution under the advice of the chairman of the National Council of National Security, General Sonthi Boonyaratglin. The 25-member charter team needs to make a list detailing the differences between the new and the now defunct 1997 Constitution. The panel will present its chosen version to the public, and will pass it to the Constitution-drafting Assembly for endorsement without amendment except where one-tenth of the assembly submit a request for amendment before its final endorsement. The assembly will then scrutinise the version 180 days after it convenes. When the scrutiny is done, a referendum will be held to vote for the entire draft in one day. If the referendum passes, the chairman of the National Legislative Assembly will present it to the His Majesty the King for endorsement. In case the charter is not complete before the 180-day period, either because the assembly disapproves of it, or if the referendum is rejected, the assembly will become defunct. The National Council of National Security and the Cabinet will then review the draft to choose one of the previous constitutions and improve on the selected charter within 30 days. The selected charter will then be presented to the King for his endorsement before taking effect. Members of the Constitution-drafting Assembly will be allowed to run in following elections either for House or Senate seats after two years. The National Council of National Security will comprise members stated in the 24th order given on September 29 by the CDR, or extra members not more than 15 in total. The chairman, his deputies, members and secretary-general of the CDR will automatically hold respective positions in the National Council of National Security. The chairman of the National Council of National Security, or the 24th prime minister, may seek joint meetings between the National Council of National Security and the Cabinet to discuss issues regarding national security and major affairs. The Constitution Judiciary Council will be formed to make decisions over legal conflicts arising from whether any subordinate laws are in conflict with the interim constitution. The Council is headed by the Supreme Court president who is deputised by the Supreme Administrative Court president. The other members are five judges serving in the Supreme Court selected by a general quorum, and another two judges serving in the Supreme Administrative Court selected by a general quorum.
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