Charter to check government powers

Courts get a say in use of executive decrees

By Mongkol Bangprapa

The Constitution Drafting Committee has agreed that the Constitution Court be empowered to rule on the government's use of executive decrees to ensure a better checks and balances mechanism.

CDC spokesman Paiboon Varahapaitoon said charter drafters had agreed that the section on the prime minister and the cabinet in the new charter should also address how the government's use of executive decrees could be scrutinised.

Under the 1997 constitution, the government was empowered to issue executive decrees in cases it deemed an emergency without having to seek prior parliamentary approval.

But under the new charter, the Constitution Court would have the power to rule whether the cabinet's introduction of executive decrees was justified or not, said Mr Paiboon, one of the charter drafters gathered at the beach resort of Bang Saen to begin the actual writing of the new constitution.

He said the government would constitutionally be empowered to impose the executive decrees in only four kinds of crisis situations - when there was a serious threat to national security, public safety or economic security, and if there was a natural disaster.

He said the CDC has also agreed that the government should be forced to seek parliament's endorsement before signing any treaty with a foreign government that could severely impact the public.

This would also cover the signing of free trade agreements.

While the majority of the committee members are in favour of an elected prime minister, it is yet to be discussed whether or not a non-partisan person should take charge of administrative affairs as an interim prime minister after parliament's dissolution, he added.

Bangkok Post

Last Updated : Sunday April 08, 2007