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[size=6]Outline of Nitirat's constitution draft[/size]
[size=4]An outline of the constitution draft as proposed by Khana Nitirat is as follows.[/size]
[size=4]Past constitutions and documents used as the foundation of Nitirat's constitution draft[/size]
- Temporary Charter for the Administration of Siam Act 1932, The Constitution of the Kingdom of Siam 1932, and The Constitution of the Kingdom of Thailand 1946. The section on rights and liberty and the section on the structures of political institutions and constitutional bodies in the Constitution of the Kingdom of Thailand 1997 may also be used in as far as they are consistent with contemporary developments.
- Manifesto of the People's Party (“ประกาศคณะราษฎร”)
- United Nations' Universal Declaration of Human Rights, 10 December 1948
[size=4]Foreword to the Constitution[/size]
- On the Revolution of 1932
- On the harm of military coups d'etat and the vicious cycle that resulted from them
- On the return to the objectives and democratic ideology of the People's Party
- A Declaration of the Foundational Values of the Kingdom of Thailand
[size=4]Contents of the Constitution[/size]
[size=4]The purpose of the new constitution proposed by Nitirat is to reform "the monarchy, the judiciary, the military and political bodies" in a way that will make them cohere with democracy and the Rule of Law principle.[/size]
[size=4]1. A Kingdom[/size]
- The king is the head of state.
- Reform rules about the monarchy.
- Restructure the relation between the head of state and other bodies that exercise power.
[size=4]2. A Democracy[/size]
- The supreme power of the country belongs to the people.
- The people's supreme power is the foundation of the government and all bodies that exercise power.
- The will of the people is manifest in general, fair, free and secret votings that will be held regularly at fixed intervals.
- The minority's voice must be respected and opportunities must be preserved for them to become a majority.
[size=4]3. The Rule of Law[/size]
- The country is governed by laws that are just.
- The laws of the country must be approved by representatives of the people or the people themselves.
- Maintain the separation of powers and the guarantee of rights and freedom.
[size=4]4. The Supremacy of the Constitution[/size]
- The Constitution is the highest law of the country. Any law or rule that contradicts the Constitution cannot apply.
- Set up a body whose responsibility is to ensure that laws are consistent with the Constitution.
- The king has the duty to protect the Constitution.
- A new head of state must swear an oath to abide by and to protect the Constitution before he/she assumes the position.
[size=4]5. A Unitary State with Decentralised Power[/size]
- The Kingdom of Thailand is a unitary state; it cannot be divided.
- The state must respect the people's will to govern themselves locally.
[size=4]6. A Guarantee of Rights and Freedom, Equality and Human Dignity[/size]
- The rights and freedom as guaranteed by the Constitution are law, and directly set the limits to the exercise of power by all bodies.
- The state must uphold human dignity, equality and rights and freedom, as well as the human rights as specified in international agreements in which Thailand is a signatory state.
[size=4]7. The Balance of Power between Political Institutions[/size]
- Separate three institutions that exercise the people's supreme power: the legislature, the executive and the judiciary.
- The ways in which this power can be exercised are specified in the Constitution.
- The relation between the legislature and the executive is that of a parliamentary system.
[size=4]8. The Structure of Political Institutions and Constitutional Bodies[/size]
- All Members of Parliament are directly elected through a voting system that is just and fair, both in terms of the number of votes and the weight given to each vote.
- Reform laws concerning Parliament.
- Create a Cabinet Ministers Act, and rules for cabinet meetings.
- Discontinue existing constitutional bodies that do not have a constitutional status in terms of their responsibilities. (“ยุบเลิกองคก์รตามรัฐธรรมนูญในปัจจุบัน ที่ไม่มีสถานะเป็นองคก์รตามรัฐธรรมนูญในทางเน้ือหา”)
- Guarantee the independence in administration for independent bodies.
- Use a unicameral (one-chamber) parliamentary system. But if a bicameral (two-chamber) system needs to be used, then members of both chambers must be voted through elections.
[size=4]9. The Democratic Legitimacy of Judicial Bodies[/size]
- Judges and justices of a high court must be nominated by the cabinet and approved by parliament.
- Introduce associate judges to lower-level courts. Associate judges must be elected by the people or by political bodies that have democratic legitimacy.
- High court judges and justices must declare their assets to the public.
- Committees responsible for administrative work concerning judicial personnel must be linked with the people.
- Reform laws concerning the selection process of judges and justices, and laws concerning courts' financial administration.
[size=4]10. An Acceptance of A Pluralistic Society[/size]
- Accept diversity in races, religions, languages, cultures, traditions, ideas and beliefs.
[size=4]11. Checks and Balances on All Bodies Trusted with Power[/size]
- The Constitution must guarantee the institutional status of independent checks and balances - e.g. auditing bodies, anti-corruption bodies - and must guarantee their administrative independence.
- Reform laws concerning checks and balances.
[size=4]12. Democratic economy[/size]
- Respect the principle of a free market economy.
- Encourage fair distribution of income and inclusive provision of welfare.
[size=4]13. The Supremacy of Civilians over the Armed Forces[/size]
- Require that there be a Military Commissioner ("ผู้ตรวจการกองทัพ") appointed by parliament.
- Guarantee the right and duty of soldiers to disobey their superiors' commands that are unconstitutional or clearly and severely violate the law.
- High-ranking military personnel must be appointed by the cabinet.
[size=4]14. Democratic Legitimacy in Government's Spending[/size]
- Only the executive is entitled to propose annual government spending plans.
- The parliament is entitled to review and approve or disapprove annual spending plans.
- No other body or organisation may propose or debate a motion on an annual spending plan.
[size=4]15. Defence against Usurpation[/size]
- Create a separate section in the new constitution concerning the "Nullification of the Legal Effects of a Military Coup d'Etat", whose content is drawn from Nitirat's proposal concerning the nullification of the legal effects of the 2006 coup.
- Citizens have the right and duty to use any means to resist against attempts to take away the supreme power from the people (usurpation).
- Specify that usurpation is a criminal act, and that after the supreme power of the people has been returned to the people, the usurpers must be prosecuted. Allow the period of prescription to start when the supreme power has been returned to the people.
[size=4]Nitirat: Law for the People[/size]
[size=4]www.enlightened-jurists.com[/size]
[size=4]Tha Phrachan, 22 January 2012[/size]
[size=4][Translate from Thai by Prach Panchakunathorn][/size]
