"Charan", a former judge of the Constitutional Court, reiterates that the Constitutional Court has no power to consider the regulations of the Council's meeting. It can only do the draft review. before promulgation
Mr. Charan Phakdithanakul, former judge of the Constitutional Court Giving an interview in case of speculation that the Constitutional Court will not accept the Office of the Ombudsman's request to decide on the case of the resolution of the parliamentary meeting held on July 19th. resolved to nominate Mr. Phitha Lim Chareonrat far-reaching party leader It's a repeat mover. Contrary to Article 41 of the 2020 parliamentary regulations, the Constitutional Court has no jurisdiction to examine parliamentary regulations. As for whether the parliament will do the right thing or not is not within the jurisdiction of the constitutional court to check.
“The Constitutional Court can only examine draft regulations before they are promulgated. And it's not called a review. but to help scrutinize the parliament But when it has been promulgated, there is no law that allows the Constitutional Court to inspect the regulations of the National Assembly. Section 149 of the Constitution gives the Constitutional Court the duty and power to inspect the draft regulations of the National Assembly before they are promulgated. As for the council, the draft will be sent to the court for review or not, it is the council's discretion. But when the draft has been promulgated, the Constitutional Court has no authority to surpass parliamentary regulations, ”said Charan.
When asked whether the vote to elect the Prime Minister was a motion or not, Mr. Charan said he was not in a position to answer this matter. because it is the law of parliamentary procedure Experts will be members of parliament. The chairman of the various committees of the parliament, the president of the parliament only knows how the court proceeds. As for many people, voting to choose the Prime Minister It's a matter to follow the constitution.
As for citing regulations to limit the rights of those who will be prime minister, will it go against the constitution? Mr. Charan said that Section 157 of the constitution in parliamentary sessions must be conducted in accordance with parliamentary regulations. which the President of the National Assembly operates in accordance with the regulations of the National Assembly But the problem lies in whether the parliamentary regulations conflict with the constitution or not. On this issue, the Constitutional Court has no jurisdiction over this case.
Source: Thai News Agency