Thai Government selectively ignoring Constitution

In order to force their way back into office with a potentially fatally wounded election, Thaksin’s proxy Government is selectively ignoring and selectively enforcing constitutional laws to make that happen. However this is nothing new as that simply is another one of Thaksin’s signatures.

In reality, selectively ignoring laws like speed limits on a road is common just about every place you go. But those are comparatively minor infractions that involves paying a fine and getting a point or 2 on your drivers licence. But when it comes down to violating a Constitution of a country, it is on an entirely different level, and it is not the level just above speeding.

At the time of penning this entry, The Pheu Thai Party (PTP) lead Government has not yet violated the Thai Constitution. But all indications that is coming and very soon. Much of what happens in a Thai election is governed by the clock. In the case of dissolving Parliament as it the case with the February 2, 2014 elections, the elections must be held inside a window of time after The Prime Minister dissolved Parliament. That more or less happened, but because of Anti-Thaksin protests, things were not properly completed.

What failed to happen was there were not enough people running in the election to get to the critical mass of 95% to form a new Government. That closing date for that is before the advance voting date. So because not enough people ran for office, technically the election was dead at that point because to add more names to get to the critical mass would violate the Constitution as it would be after the deadline.

Second was the Thai Constitution stipulates that all voting must happen on the same day with one day of advance voting, and one day of general voting. Both of those voting dates happened being January 26, 2014 and February 2, 2014. However again because of the Anti-Thaksin protests, several voting stations were closed. So far as of February 3, 2014 the Constitution has not been violated, it is just the election is not capable of producing a Government. To challenge the election in court at this time would not be successful as it has not yet violated the Constitution. However to push forward and try to patch up the damage would violate the Constitution, and that is the direction the Government is pushing.

So what we have basically is an election that could not seat a new Government. The Election Commission (EC) warned the Government in advance there would be problems, but in Thaksin style arrogance they pushed on and got a damaged election that will produce nothing.

So the Government has instructed the EC to hold supplementary applications for additional people to run in this election to fill the vacant positions to get to the 95% critical mass, and to run elections only in those places before the next deadline comes. That next deadline is the first meeting of Parliament must be held within 30 days of the February 2 general elections.

So this is where the selective use of laws comes into play for the Government, and is classic Thaksin behavior. They look to ignore that the election has already failed and that only a new full election will not violate the Constitution. However they look to enforce the 30 day period to muscle the EC to do the patch up elections in the hopes of forming a new Government in hopes of staying in power and thwart the Anti-Thaksin protesters.

But when you stand back and look at this and without much more knowledge of election laws than we outlined here, you can for the most part can conclude that forming a new Government inside that 30 day window is Dead on Arrival for one reason or another. So when you consider the PTP fear they will not be elected if a new round of voting is needed because their support is going away quickly, you can see all their choices to selectively violate the Constitution are driven by desperation. But as denouncing the Constitution is what got them in trouble to start with, what is the harm in another violation or two in select sections of the Constitution anyway. In for a penny, in for a pound!

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