RS

The power of the people is real but the Constitutional Court is disposable

Numnual  Yapparat

There is no magical smoke and mirrors that will be able to disguise the real nature of the Constitutional Court (CC) and the old order alliance. The CC is a recently invented institution. It has a long record of violating democracy principles. We did not have it in the past and in a better future we will not have it.

The constitution is less important than the will of the people. If the constitution has been written to benefit the few and it is against the interests of the majority, then we should tear down the constitution. We have to draw up a new draft that suits our goal; the goal of regarding all citizens as equal. The best way to guarantee fairness in society is the participation of the people. We need to smash the myths about “the experts know best”. No they do not. If we look at the CC we know they are the liars and reactionaries who want to destroy democracy. Ordinary people can understand complicated issues if they have a chance to do so. This is not medicine or engineering where we need expert explanations for diseases, epidemics or mechanical failures.

The CC shamelessly nullified the 2nd of February Election. This action is helping to precipitate a new level of the crisis. There were positive reactions from pro-democrats who expressed their anger against the CC. Pro-democratic academics openly released their statements to declare that the CC judgement was illegitimate. I was deadly scared that Pua Thai might kowtow to the CC but fortunately they also issued their statement to condemn the CC.

Ajarn Worajet Pakeerat, from the Nitirat group, fiercely criticised the CC and explained that their judgements have been carried out without any base in law. Worajet said that the CC’s ruling was also destroying the options that the law can provide to break the political deadlock.

Worajet went on to say that “we can only talk about law if we use reason, but the CC are people who do not use reason”. Can we abolish the CC? To answer the question, Worajet said that “under the current constitution, no, because the various independent bodies have the power to make that decision”. He suggested that only political struggle can save us. We needed to maximise the number pro-democracy activists and expand democratic values.

Surely if the old order wants to move forward towards the destruction of the democratic process, they will not be able to rule smoothly. When the anti-Democrats Party were the government, they could not govern at all. Everywhere the anti-Democrats like Abhisit went, they would be confronted by the red shirts. The red shirts also protested against and chased traitor politicians who helped the anti-Democrats form the military backed government in 2008.

The main issue at the moment is how we can prevent Pua Thai from compromising with the old order. One way of doing so is that the progressive rank and file must draw up their own demands such as the release of political prisoners immediately. Another useful demand would be to scrap the Lèse-majesté law and charge state murderers who killed innocent red shirts. We need to have our constitution which states clearly that all politicians and all those who hold public positions need to be elected. At this stage we need to brainstorm and sketch the new society that we want. We can discuss what sort of morals should be the core principles in our new society. We need the kind of morals that enhance human dignity and freedom. We do not need religious morals that legitimise the elite’s oppression of citizens. We need to start thinking now. Otherwise the experts in hypocrisy and politicians who lack any back-bone will draw up their own reactionary road maps.

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