by the Constitutional Court of Thailand

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ The Senate has been given the roles to examine and screen the performance of the Representatives as well as to counterpoise them, whilst the Senators are empowered to scrutinise and remove the Representatives accused of unusual wealth, corruption in office, intentional exercise of authority against the provisions of the Constitution or law, or serious contravention of or failure to comply with moral standards pursuant to the Constitution, section 270. The purposes of the Constitution to concretely free the Senators from the Representatives are shown by the prohibition of their relationships. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Taking into account the material principles of the parliamentary representative democratic system of government, one will see that the MNAs who represent all people in exercising the legislative power in the NA on behalf of the people through popular elections or through appointment play important roles under this system. ”

“ According to them, after the NA accepted the principles at the first reading on 4 April 2013, some MNAs applied for a fifteen day period and a sixty day period in order to amend the motion. Pursuant to the NARO, the NA needed to decide which period would be adopted. However, no such decision was made because the NA, at that time, lacked a quorum as required by the Constitution. The 1st Respondent then ordered the amendments to be filed within fifteen days from the date the NA accepted the principles. Owing to heavy objections, the 1st Respondent summoned the NA again on 18 April 2013. ”