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Wed, February 28, 2007 : Last updated 13:54 pm (Thai local time)



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Home > Politics > Constitution writers air different views over independent organisations





Constitution writers air different views over independent organisations

The so-called independent organisations created under the 1997 Constitution should be made truly independent and accountable under the new charter, many of the members of the Constitution Drafting Committee (CDC) said yesterday.

The drafters expressed their views to be used as a general but non-binding principle for the new constitution regarding organisations such as the Election Commission, the National Human Rights Commission, the Constitution Court and the judiciary system.

Suggestions have been made to ensure the selection process is fool-proof, budgetary independence is maintained, and more.

"To make them truly independent, they must not fall under the jurisdiction of any of the three branches of power," said drafter Sodsri Satyadham, referring to the judiciary, executive and the legislative.

"We must improve the selection process," said Angkhana Neelaphaijit, another drafter.

Meanwhile, two drafters expressed strong opposition to the need to have the so-called independent organisations any longer.

Thanaboon Chiranuwat, drafter and law lecturer at Rangsit University, said the organisations were an anomaly precisely because they were not under any of three branches of power.

"If we're going to have them, they must exist under the legislative branch [otherwise] it's against the principle of the separation of powers," said Thanaboon, adding that Thailand has too many such organisations, and more than rich nations like the United States.

Thanaboon said a number of these organisations were causing more damage than good and it was difficult to make them accountable.

He later told The Nation that it appeared only a few drafters have any knowledge about constitutions.

Anther opponent was drafter Paitoon Varahapaitoon. "If they are independent without limit, should someone not check on them? They should be called organisations under the constitution instead."

There appeared to be consensus on the judiciary system with suggestions being made to make the court less a part of the bureaucracy - and more like judges under His Majesty the King.

Other ideas included the possible introduction of speed trials and making the Office of the Attorney-General independent. 

Pravit Rojanaphruk

The Nation








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