by the Constitutional Court of Thailand

“ When there is more than one officer in charge of any law, those officers must discharge their duties and take accountability on the basis of their respective authority and must cooperate with each other and the related agencies on the fulfillment of the purposes of such law. A royal decree dissolving the House of Representatives requires both the Prime Minister and the EC President to be in charge, because it intends to have both officers accountable for the fair and just organisation of a general election pursuant to the purposes of the Constitution. ”

“ The Convention also defines "discrimination on grounds of disability" as any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, including all forms of discrimination and denial of reasonable accommodation. ”

“ The reference to the majority without having regard to the minority, in order to support the arbitrary exercise of powers to fulfill certain goals or objectives of the power exerciser amidst a conflict of personal benefits or benefits of a group of persons and national benefits or order of the public as a whole, will indeed lead to the downfall and downgrade of the Nation or the serious discord and disharmony amongst the people. ”

“ But the Applicant, in her capacity as the State Audit Commission and the President of the State Audit Commission, deemed that the Auditor General is not a government officer against whom an Ombudsman may enter an action before an administrative court, because the Organic Act on State Audit, BE 2542 (1999) , section 32, prescribes that "A person to be elected as Auditor General must (1) not being a government officer with regular post or salaries." ”

“ Even though a decision under the democratic regime of government is adopted by a majority of votes, the democratic regime of government is not constituted if the minority is ignored or oppressed by the arbitrary exercise of powers without heeding its reasons and guaranteeing a place for it to stand and exist. ”

“ Moreover, on 10 November 2012, the 1st Respondent and the Siam Protection Organisation planed to organise a mass rally from 24 to 25 November 2012 at the Equestrian Plaza. For the purpose of suspending and expelling the Government, the 1st Respondent incited and hired more than one million people to lay siege to the Government House. The 1st Respondent has also proposed to isolate or freeze the Nation for five years, during which the administrative councils, comprising of thirty one ministers and two hundred and fifty lawgivers, will be formed without any politician. ”

“ For instance, the complete hearing or visual impairment would be repugnant to the proper functioning of a judge who needs to watch and hear testimonies, examine material evidence, as well as inspect crime scenes or land in dispute, whereas mere strabismus, absence of some fingers or genu varum would not debar a judge from installing himself in stateliness and respectability when holding sessions amongst the assembly of the relevant parties and persons. ”

“ The rule of law is regarded as an administrative guidance arising from the principles of natural justice – the pure and equitable justice not beset with personal and concealed advantages. It thus forms the material fundamental legal principle which is above the written laws and is expected to be upheld by the NA, the Council of Ministers, the courts as well as the constitutional organs and the state agencies. ”

“ The law which restricts personal rights and freedoms must definitely be framed. For example, the nature of the physical or mental condition inappropriate for judicial service must be described, so that the public would be informed of which right and freedom is to be restricted by the law in question. ”

“ The idea of establishing a popular council of revolutionists is derived from the rally and indicates that some people disagree with the Government, despite it being formed by the political parties elected by the citizens. ”

“ Such a conflict of authority as referred to in the Constitution occurs when there is a disagreement or dispute over the exercise of authority of two organs or more and the authority is granted by the Constitution. ”

“ As regards the exercise of powers of the MNAs who represent all Thais, the true owners of the sovereign powers, the Constitution, section 126, paragraph 3, establishes a key principle to regulate the functions concerning the law enactment processes. According to which, one MNA has one vote at the polling. Upon a parity of votes, the presiding officer is permitted to issue one additional vote as the casting vote. It is understood that an MNA is required to make his personal appearance to perform his duties at each legislative session and has one vote in respect of each matter. ”

“ Besides, the contents of the Draft, sections 11 and 11/1, which govern the OARS enactment processes, are in breach of the Constitution, since they exempt the promulgation of the said draft organic law from the Constitution, section 141, which requires the draft to be forwarded to the Court for review of its constitutionality first. Accordingly, this is against the principles of check and balance which constitute the principles of democratic government and would enable the political sectors to issue the laws at its will by merely invoking a majority of votes, without any examination. ”

“ This material fundamental principle has always confirmed that certain measures must be taken to prevent any person or group of persons who come to the sovereign powers of the people from abusing or arbitrarily exercising the powers. ”

“ The 2nd Petitioner deems that the described constitutional amendment is the change of the Constitution, not merely an amendment thereto pursuant to the Constitution, section 291, because it would by nature result in the change of the form of state and the methods of senatorial instatement. The requirement that all the Senators be elected would enfeeble the check and balance under the parliamentary system. ”

“ In the other two clips, the person was seen to be changing his seat because he learnt that the officers were taking his photographs and recoding his videos at the witness's request. The witness knows that, under the system of identification and voting by electronic means, several Cards can be inserted in a reader without the number of the used Cards and the times of such use being checkable. If the original Card of any person is used, his alternative Card cannot be used again, because the system records the code of each person to prevent such use of his alternative Card. ”

“ Niphit, a witness called by the 2nd and the 4th Petitioners, testified as follows: The constitutional amendment proceedings were not conducted in three readings, because the period of motion amendment were determined in defiance of the correct methods. The determination of a period of motion amendment is an important process which allows the MNAs to amend a motion. When an MNA does not agree with a draft law or constitution, he is entitled to amend the motion and express his opinions during the committee proceedings. ”

“ A legislative discussion is a fundamental right of an MNA. An MNA who has applied for amending a motion or has reserved an amendment to a motion or a committee member who has reserved an opinion is entitled to hold a discussion at which he would express his opinions and reasons regarding the amendment, reserved amendment or reserved opinion. ”