65:. Released on 27 September 2006 and promulgated on 1 October 2006, the Constitution allowed the junta to retain significant control over the appointed civilian government and the drafting of a permanent constitution. The CDR would be transformed into a permanent Council for National Security (CNS) and would appoint the head of the executive branch, the entire legislature, and the drafters of a
200:(under the 1997 Constitution) to a Constitutional Tribunal, chaired by the Supreme Court President, with the Supreme Administrative Court President as deputy chairman, as well as five Supreme Court judges to be selected by a general assembly of the Supreme Court through a secret ballot. All cases pending of the Constitutional Court are transferred to the Constitutional Tribunal (Art. 35)
291:(Silapakorn University), and Sasatra Toon (Rangsit University) had then sought and received the permission from the junta to present an alternative draft charter comprising 72 articles. "Meechai had promised to heed opposing legal opinions but failed to honour his word," Komsan said. Sasatra said Meechai acted like he was trying to perpetuate the power of the junta.
238:
24, the CNS would select 100 of those candidates for royal appointment to the
Assembly; it would also select the Assembly head. The Assembly would then appoint 25 of its members as constitution writers, with the CNS directly appointing 10 writers. This process effectively gave the junta complete control over the permanent constitution.
399:
construction contractor who received the third highest number of votes. There were no representatives of farmers or workers in the final selection. Of the 200 final nominees, the nominee that received the lowest number of votes received just 7 votes. Assembly-member Maj Pol Gen Krerk
Kalayanimitr
178:
gives the
Drafting Committee 30 days to compile feedback and amendments and compile a report stating why such amendments were accepted or rejected. The report will be presented to the CDC for review along with the constitution for approval. Further amendments require a vote of 3/5's the membership
237:
The lack of controls for the drafting of a permanent constitution. Under charter articles 19 and 21, the CNS would appoint a 2000-member
National Assembly which would in 7 days have to select 200 of its members to be candidates for the Constitution Drafting Assembly. Under charter articles 22 and
403:
The voting itself was full of irregularities. Members were lobbied in front of toilets and many
Assembly-members marked their ballots before entering the polling booths (Normally, voters are handed ballot papers only when they enter the booth). A soldier guarding the entrance to the Parliament
386:
In
December, the 2,000-member junta-appointed National Assembly elected 200 of its members as candidates for the Constitution Drafting Assembly. The voting was fraught with irregularities. The candidate with the highest number of votes was Okas Tepalakul from Chachoengsao province, a virtually
286:
However, the draft interim charter did call for one democratic innovation: it required that a permanent constitution would have to be ratified by public referendum. This innovation was suggested in the draft 1974 Constitution, but was rejected by the royally-appointed
Constitutional Convention.
158:
spells out the peer-vote of a 2,000 member
National Assembly to elect 200 candidates for the Constitutional Drafting Council. Each member can vote fore no more than three members, those nominated with the most votes will win. In the case of tied votes, which result in more than 200 winners, the
283:, criticized the charter for protecting human rights according to commitments made under international treaties, claiming that it would not allow persecution of figures in the deposed government. Charoen claimed that no other countries let international commitments influence their local laws.
290:
The interim charter was also criticized for being drafted without considering the views of the public. Meechai
Ruchuphan, chief legal advisor for the junta, had earlier promised to heed opposing legal opinions. Komsan Phokong (Sukhothai Thammathirat Open University), Charoen Kampheeraphap
120:
The draft interim charter had 39 articles. Structurally, the draft interim charter was similar to the 1991 Constitution, the 1976 Constitution, and the 1959 Charter, in that it stipulated an extremely powerful executive branch which would appoint the entire legislature. The charter:
185:
sets the 45-day deadline for the drafting of organic laws and bans the chairman of the
Council of National Security, members of the National Legislative Assembly and those involved in charter writing from contesting the general election and the senatorial race for two years (Art.
347:, demanded that the junta directly appoint 100 members to the Constitution Drafting Assembly rather than rely on a 2000-member National Assembly. He also called the interim constitution the best of its kind although he was disappointed it did not include a mission statement.
244:
The use of an old charter if the permanent constitution not completed by a CNS-set deadline. The specific charter to revert to was not specified - the CNS and the Cabinet would choose which of Thailand's 16 previous charters to use. Many critics called for the use of the
320:
noted that the charter was "alarming" and that "The problem for the military is that they are in deep now. They haven't done what they set out to do, which was to get rid of Thaksin, hand over power to a civilian government and step aside. They have not stepped aside."
151:
spells out a process for drafting a permanent constitution. This includes the prohibition of the 100 members of the Constitution Drafting Council from being current members of a political party or being members of a political party for the previous 2 years (Art.
287:
Nonetheless, the referendum proposal too has been condemned, as if the draft is rejected then under section 32 of the interim charter it is returned to the junta, which will write a constitution of its own in consultation with the Council of Ministers.
100:. Both had played key roles in drafting the 1997 Constitution and had served under the deposed government, although they had resigned several months before the coup. Both resigned from the panel after public criticism that they were members of the
171:
forces the Drafting Committee to explain the differences between its draft and the 1997 Constitution. Forces the committee to present drafts to major state agencies and universities. Forces the committee to promote and hold public hearings (Art.
189:
allows the National Assembly and Cabinet, chaired by the CNS Chairman, to select any previous constitution revise it for use if the Drafting Committee's draft is not approved by public referendum or the CDC does not approve the constitution (Art.
417:
Making it easier to launch a no-confidence debate against the Prime Minister. Whereas the 1997 Constitution required 200 out of the House's 500 MPs to launch a no-confidence debate against the Prime Minister, Sonthi demanded that 100 MPs be
229:
The lack of democratic elections for seats in the legislature. Under charter article 5, a 250-member National Legislative Assembly would be directly selected by the junta. This effectively meant that there would be no
134:
allows the National Legislative Assembly to request the Cabinet to give statements of fact or explain problems, but explicitly states that it may not make a vote of confidence or no confidence against the Cabinet (Art.
77:
50:
225:
The overwhelming power of the executive branch, particularly the Cabinet (appointed by a Premier who is in turn appointed by the junta) and the CNS. The CNS would also be allowed to take part in Cabinet
429:
Allowing politicians to switch political parties at any time. The 1997 Constitution required that any candidate for the House belong to a political party for 90 days before the registration date for an
917:
131:
outlines the formation and duties of the National Legislative Assembly, which will comprise 250 members appointed from professional groups, geographical areas and various sectors of society (Art. 5)
1047:
400:
claimed that some votes may have been bought. Of the 200 nominees, 74 were public sector bureaucrats, 34 were academics, 38 were from the social sector, and 54 were from the private sector.
112:. After the draft charter was promulgated, Meechai resigned as chief drafter; the junta appointed Jaran Pakdithanakul, former secretary to the Supreme Court president, as his replacement.
437:
Sonthi later denied dictating the content for the new constitution, but stated "We can't force them to do things but responsible people will know what the constitution should look like."
1121:
495:āļāļĢāļ°āļĢāļēāļāļāļąāļāļāļąāļāļīāļĒāļāđāļĨāļīāļāļāļĢāļ°āļāļēāļĻāļāļāļ°āļāļāļīāļĢāļđāļāļāļēāļĢāļāļāļāļĢāļāļāđāļāļĢāļ°āļāļāļāļāļĢāļ°āļāļēāļāļīāļāđāļāļĒ āļāļąāļāļĄāļĩāļāļĢāļ°āļĄāļŦāļēāļāļĐāļąāļāļĢāļīāļĒāđāļāļĢāļāđāļāđāļāļāļĢāļ°āļĄāļļāļ āļāļāļąāļāļāļĩāđ āđ āđāļĢāļ·āđāļāļ āļāļēāļĢāļŦāđāļēāļĄāļāļļāļĄāļāļļāļĄāļāļēāļāļāļēāļĢāđāļĄāļ·āļāļ āļĨāļāļ§āļąāļāļāļĩāđ āđāđ āļāļąāļāļĒāļēāļĒāļ āļāļļāļāļāļĻāļąāļāļĢāļēāļ āđāđāđāđ āļ.āļĻ. āđāđāđāđ
426:
Transforming the Senate from an all-elected body in order to prevent relatives of politicians from being elected and thus perverting the non-partisan intent of the 1997 Constitution.
182:
sets the 180-day deadline to complete the charter drafting before organising the referendum on the new charter within 30 days. The referendum will be managed by the CDC (Art. 29)
69:. The Constitution made no mention of succession, instead leaving it to "constitutional practice." The draft came under strong public criticism as being a step backwards from the
73:. The constitution did not repeal junta bans restricting freedom of speech, assembly, and political activity; these bans were subsequently revoked by an act on 27 December 2006.
128:
guarantees basic rights, human dignity and equality under the law in accordance with the democratic rule under the king as head of state and international obligations (Art. 3)
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The lack of controls to prevent members of the CNS, its panels, or its committees from running in elections. Under charter article 30, only the head of the CNS is banned.
910:
629:
328:, criticized the charter for not containing restrictions which would bar seats in the National Legislative Assembly from former members and affiliates of Thaksin's
970:
407:
In December, junta chief Sonthi Boonyaratglin issued several guidelines for the permanent constitution being drafted by the CNS's drafting body. These included:
258:
The granting of legal authority for the junta's post-coup announcements and orders, including bans against demonstrations and political activities (Article 36).
903:
395:
Thailand executive Pharani Leenuthapong received the second highest number of votes. The controversial selection also saw Suwit Pipatwilaikul, a little-known
108:
harshly criticized the two, saying that they were "not honourable enough to look after the democratic system." Both refused to play any further role with the
975:
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empowers the 100 CDC members to appoint 25 members of a Drafting Committee who may not be CDC members. The CNS will appoint another 10 members. (Art. 25)
1175:
883:
649:
609:
589:
33:
733:
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339:, demanded greater public participation in the charter-drafting process as well as restrictions against participation by members and affiliates of the
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empowers the Council of National Security to appoint a 100-member CDC if the National Assembly fails to complete its selection within 7 days (Art. 23)
863:
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336:
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protested the draft interim charter by dressing in black and tearing a mock-up of the draft in a press conference. The 6 included historian
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1014:
493:
275:, noted of the process for drafting a permanent constitution, "I think it will be a mess and the next constitution will be just that."
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empowers the chairman of the Council of National Security to administer the country pending the appointment of a prime minister (Art. 39)
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endorses CDR announcement no. 24 creating the 16 member Council for National Security with an identical leadership to the CDR (Art. 34)
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1086:
325:
264:
Junta bans against political activities, political gatherings of more than five people, and limits on press freedom remained in place.
926:
626:
197:
1009:
306:, Worawit Charoenlert, Somchai Preecha-silpakul, Chatchawan Boonpan, Kriengsak Chetwattanawanich and Somkiat Tangnamo. The
1079:
955:
456:
381:
369:
142:
66:
54:
362:
997:
446:
1024:
358:
to call a general election as soon as possible and hand the task of drafting a charter to the elected parliament.
960:
451:
317:
246:
70:
46:
586:
105:
276:
880:
860:
827:
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606:
526:
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88:
The junta appointed a legal panel to draft an interim charter. The team was led by former Senate speaker
162:
empowers the Council of National Security to pick 100 of 200 CDC candidates for royal approval (Art. 22).
41:
Ratthathammanun Haeng Ratcha-anachak Thai (Chabap Chua Khrao) Phutthasakkarat Song Phan Ha Roi Si Sip Kao
773:
753:
730:
710:
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546:
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has issued a series of statements condemning the interim charter as a work of "constitutional fiction".
351:
313:
295:
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stopped a woman carrying 400,000 baht in cash. She refused to say why she was carrying so much money.
303:
1180:
1064:
1059:
1054:
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280:
272:
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prescribes for the constitutional monarchy and the Kingdom of Thailand as the singular state (Art. 1)
801:
797:
793:
697:
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231:
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allows half the members of the National Assembly to submit amendments to the constitution (Art. 27)
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1035:
992:
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58:
1149:
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1040:
502:
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Preventing a government from acting as a caretaker administration after dissolving Parliament.
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winners will be decided by drawing lots. The peer-vote must complete in seven days (Art. 22).
97:
93:
89:
1139:
1134:
1129:
1109:
365:
noted that the interim charter "appears to buttress the military's role in Thai politics."
1144:
1114:
887:
867:
834:
780:
760:
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717:
653:
633:
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grants complete immunity for all actions to seize power committed by the CDRM (Art.37).
1169:
965:
340:
329:
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The inclusion of King Bhumibol's theory of a self-sufficient economy in the preamble.
24:
987:
814:
155:
empowers the Legislative Assembly speaker to chair the National Assembly (Art. 20)
895:
212:
makes no mention of succession, instead leaving it to "constitutional practice."
221:
The draft interim charter met with harsh criticism. Key concerns included:
21:
Constitution of the Kingdom of Thailand (Interim), Buddhist Era 2549 (2006)
261:
The granting of amnesty to the junta for executing the coup (Article 37).
411:
Restricting a Prime Minister to serving a maximum of two terms of office
607:
Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549
387:
unknown car dealership owner who was a former classmate of junta-head
203:
endorses all previous announcements and orders of the CDR (Art. 36)
501:(in Thai). Cabinet Secretariat General. 2006-12-26. Archived from
252:
The inability of the public to file written comments on the bills.
38:
368:
Among human rights groups, the Hong Kong-based regional body the
109:
899:
481:
Main points of Thailand's military-backed interim constitution
392:
29:āļĢāļąāļāļāļĢāļĢāļĄāļāļđāļāđāļŦāđāļāļĢāļēāļāļāļēāļāļēāļāļąāļāļĢāđāļāļĒ (āļāļāļąāļāļāļąāđāļ§āļāļĢāļēāļ§) āļāļļāļāļāļĻāļąāļāļĢāļēāļ 2549
798:
THAILAND: MILITARY COUP - How to make courts independent?
1122:
National United Front of Democracy Against Dictatorship
685:
Draft charter loopholes can 'resurrect Thaksin regime'
148:
guarantees the independence of the judiciary (Art. 18)
138:
grants immunity for remarks made on the floor (Art.13)
802:
THAILAND: MILITARY COUP - The right man for what job?
324:
Suriyasai Katasila, a key member of the anti-Thaksin
748:
746:
731:
Midnight University website shut down after protest
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Meechai exits constitution panel after drawing flak
57:(CDR) after it seized power from the government of
145:(the junta) to remove the Prime Minister (Art. 14)
794:THAILAND: MILITARY COUP - Constitutional fictions
698:THAILAND: MILITARY COUP - Constitutional fictions
343:party. Somkhid Lertphaithoon, Deputy Rector of
234:to the junta's legislative and executive powers.
196:transfers the authority and jurisdiction of the
971:Corruption in the Suvarnabhumi Airport project
881:No dictatation on the charter : CNS chief
76:This interim constitution was replaced by the
911:
422:He also made several suggestions, including:
16:Fundamental law of Thailand from 2006 to 2007
8:
976:Sale of Shin Corporation to Temasek Holdings
774:Poll should precede new charter: law experts
935:
918:
904:
896:
861:Sonthi issues guidelines for new charter
433:Banning the merger of political parties.
472:
350:Somchai Siripreechakul, Dean of Law at
666:
664:
662:
527:Wissanu, Borwornsak withdraw from team
337:Sukhothai Thammathirat Open University
672:Thai junta shores up role in politics
547:Restore basic civil rights, NGOs urge
7:
815:200 shortlisted to draft new charter
711:Law lecturers attack interim charter
828:Eyebrows raised over CDA selections
627:What the Thai coup was really about
848:Sonthi's classmate gets most votes
92:, and originally included jurists
14:
1176:Defunct constitutions of Thailand
310:was later shut down in response.
294:On 28 September, 6 scholars from
1070:2006 interim civilian government
1087:People's Alliance for Democracy
792:Asian Human Rights Commission,
696:Asian Human Rights Commission,
326:People's Alliance for Democracy
308:website of Midnight University
39:
1:
1080:2007 constitution of Thailand
956:1997 constitution of Thailand
942:Key persons and organisations
927:2005â06 Thai political crisis
457:Council for National Security
382:2007 Constitution of Thailand
370:Asian Human Rights Commission
143:Council for National Security
55:Council for Democratic Reform
993:August 2006 Bangkok car bomb
363:International Herald Tribune
71:1997 "People's Constitution"
796:, 9 October 2006; see also
141:allows the Chairman of the
1207:
379:
104:. Thammasat vice-rector
53:which was repealed by the
1186:Provisional constitutions
1075:2006 Interim Constitution
961:South Thailand insurgency
933:
28:
1020:October 2006 (cancelled)
494:
452:Constitution of Thailand
318:Chulalongkorn University
47:constitution of Thailand
754:Academics: no consensus
354:, urged Prime Minister
106:Prinya Thewanaruemitkul
49:enacted to replace the
376:Permanent constitution
67:permanent constitution
1191:2006 Thai coup d'ÃĐtat
647:Interim charter draft
587:Interim charter draft
447:2006 Thai coup d'ÃĐtat
352:Chiang Mai University
335:Khomsan Phokhong, of
314:Thitinan Pongsudhirak
296:Chiang Mai University
277:Charoen Khumpeeraparp
1065:Ruangroj Mahasaranon
1060:Saprang Kalayanamitr
1055:Sonthi Boonyaratglin
508:on February 20, 2011
462:Sonthi Boonyaratglin
389:Sonthi Boonyaratglin
345:Thammasat University
281:Silpakorn University
273:Thammasat University
198:Constitutional Court
179:of the CDC (Art. 28)
1105:Somkiat Pongpaiboon
720:, 30 September 2006
687:, 28 September 2006
656:, 27 September 2006
596:, 27 September 2006
556:, 24 September 2006
536:, 27 September 2006
300:Midnight University
269:Banjerd Singkhaneti
232:checks and balances
80:on 24 August 2007.
1095:Sondhi Limthongkul
1036:Thaksin Shinawatra
890:, 20 December 2006
886:2007-01-08 at the
870:, 17 December 2006
866:2007-09-29 at the
850:, 20 December 2006
837:, 19 December 2006
833:2007-01-08 at the
817:, 19 December 2006
800:, 6 October 2006;
779:2007-09-30 at the
759:2007-09-30 at the
736:2006-10-18 at the
716:2007-03-12 at the
683:The Bangkok Post,
652:2007-02-06 at the
632:2013-09-07 at the
612:2006-10-22 at the
592:2006-10-19 at the
572:2006-10-24 at the
552:2007-03-12 at the
532:2006-11-24 at the
63:2006 Thailand coup
59:Thaksin Shinawatra
1163:
1162:
1158:
1157:
1150:Kokaew Pikulthong
1100:Chamlong Srimuang
1041:Prem Tinsulanonda
636:, 6 November 2006
356:Surayud Chulanont
247:1997 Constitution
98:Wissanu Krea-ngam
94:Borwornsak Uwanno
90:Meechai Ruchuphan
78:2007 Constitution
51:1997 Constitution
45:) was an interim
37:
1198:
1140:Jakrapob Penkair
1135:Jatuporn Prompan
1130:Veera Musikapong
1110:Somsak Kosaisuuk
998:2006 coup d'ÃĐtat
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84:Drafting process
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510:. Retrieved
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116:Key features
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1181:2006 in law
982:Main events
939:Main events
418:sufficient.
1170:Categories
1015:April 2006
512:2013-09-20
468:References
1004:Elections
430:election.
226:meetings.
217:Criticism
884:Archived
864:Archived
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714:Archived
650:Archived
630:Archived
610:Archived
590:Archived
570:Archived
550:Archived
530:Archived
479:Forbes,
441:See also
950:Prelude
332:party.
61:in the
36::
1124:(UDD)
1089:(PAD)
670:IHT,
506:(PDF)
499:(PDF)
279:, of
271:, of
361:The
298:and
172:26).
96:and
34:RTGS
25:Thai
19:The
393:BMW
391:.
316:of
190:32)
186:30)
152:19)
135:11)
1172::
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661:^
31:;
27::
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912:t
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249:.
23:(
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