Parliament, "Prinya" advises the government and opposition parties to talk about the referendum, pointing out that it is not a matter of any one party. Afraid if there is a conflict Unsuccessful in amending the constitution Mr. Parinya Thewanaruemitkul Professor, Faculty of Law Thammasat University Referring to the referendum to amend the constitution: The 2017 Constitution is a constitution that is full of many problems. because it was drafted through an undemocratic process Drafted by a coup d'état and setting up many mechanisms for inheriting power. Therefore, changes must be made. Even though the members of the Senate (Senators) who are involved in inheriting power His term will expire on May 10th, but many undemocratic mechanisms still need to be fixed. 'In the past, amending the 2017 Constitution was difficult. A mechanism was put in place that in order to amend the Constitution, it would take up to 1/3 of the votes of the voters, which has never been done before. And when this group of senators expi res, there will be a chance to get a new group of senators. Come and agree, the way will be open. The biggest obstacle is the rules of the Constitutional Court. The debate about whether to hold two or three referendums is a matter that the court does not accept. The government has announced that it will hold a referendum 3 times. The 1st time is when the draft is being presented, the 2nd time is when the draft is finished, and the 3rd time is before it is announced. I saw that the 1st and 2nd time didn't need to be asked. Because it's the same thing. But when the government has guidelines like this, it must be monitored. Next, when will the first time start? " Mr. Parinya said. As for the matter, there are probably many different opinions. Between the Pheu Thai Party and the Kao Klai Party is a question. Because there is a question that 'Do you agree or not? with drafting a new constitution in its entirety without amending Section 1 and Section 2.' There are inconsistencies in this section. Which according t o the rules of the constitution, section 255, states that amendments to the constitution which is a change in the form of the state or have an effect on changing the democratic system with the King as Head of State cannot be fixed This part already has boundaries and has been in the past. New drafts of the constitution such as the year 1997 are already subject to this principle. Mr. Parinya said that if the government would move forward Should find a way to talk with the opposition until we can work together. Because if there are different opinions Maybe not starting from the first time The draft constitution of 2017, which at the time of the referendum in 2016, was still divided into 2 questions: 1. Do you agree that this constitution will be promulgated? and 2. Do you agree that the Senate will choose the Prime Minister for the first 5 years? In fact, if conflict is to be avoided, it may be separated into 2 questions or not. But if it's just one question, then it's something that should be discussed. Mr. Parinya said that he would like to propose that the Pheu Thai Party and the opposition party which used to be an opposition party It's a democratic party. and made a promise to the people that they would amend the 2017 constitution to change it to democracy If we move forward And there are still different opinions. I fear that the referendum will not pass. And in the end, amending the constitution will not be successful. The principle is that both sides should talk and cooperate. It shouldn't be a one-party affair. It's what the people want to see. It's not that different people do different things. At the moment it seems to be moving forward in one direction. I'm afraid it won't be successful. 'What we cannot touch is democracy with the King as Head of State. Including the form of a kingdom that is a single state. This is already prohibited in my personal opinion. In the general section, Section 4, which concerns human rights and freedom, and Section 5, which the law cannot conflict with or contradict with the Constitution. The meaning is that we have to talk about cause and effect. Therefore, what kind of question would it be if the government and the opposition could talk to each other that would be most beneficial?' ' Mr. Parinya said. As for the number of people coming to vote in the referendum, it must be more than half, which will be an obstacle. To amend the constitution or not? Mr. Parinya said Using people's voting rights, most recently 74% of eligible voters which sees that half the opportunity already exists If everyone is of the same opinion that it is time for a new draft. But if the government and the opposition still differ by 50%, it may be difficult, which is the design of the referendum. That is, there must be more than half of the votes of the people who come to vote. What will the minimum be? It is a matter that can be discussed. The government and the opposition must discuss. But if the conditions are high will cause problems It's not a problem with the question itself. But the problem is the difference of opinion between the government and the opposition. And the draft amendment will not reach the House of Representatives. If the government and the opposition still have different opinions 'The question is, will they be able to talk to each other? It is something that people expect and want to see. And hope to be able to move forward, 2-3 rounds of the referendum will not be a problem. Because we expect to see the constitution if there is a new draft. It should be the last time. The constitution that will be final must belong to the people. Not the government or the opposition. Therefore, the starting point for success is the government and the opposition. We have to talk and find a solution together, but if we continue to move forward like this, it will be difficult to succeed,' Mr. Parinya said. Source: Thai News Agency
