Constitutional Court of Thailand

“ 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 decision of the Constitutional Court shall apply to all cases, but shall not affect final judgments of the Court, except in a criminal case where it shall be deemed that a person who has been convicted of a crime under a provision of law decided by the Constitutional Court as being unconstitutional under section 5 has never committed such offence, or where such person is still serving the sentence, he or she shall be released. ”

“ In performing his duties, the 2nd Respondent was therefore attacked by a conflict of interest, despite the prohibition under the Constitution, section 122. The Respondent also plotted with the pro-government MNAs to introduce and approve the discussion conclusion motion. As this was incompatible with the administrative procedure, the session became void. The constitutional amendment is also likely to destroy the system of check and balance between the House of Representatives, the Senate, the constitutional independent organs, the constitutional organs and the Court. ”

“ 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. ”

“ The Constitution, section 30, in principle recognises every person's equality before the law, guarantees to all the equal protection of the laws and forbids unfair discrimination against persons on grounds of their disabilities. The Constitution, section 29, also peremptorily prohibits the restriction of personal rights and freedoms constitutionally recognised, save where the restriction is permitted by the legal provisions, is made only for the purposes constitutionally allowed and to the extent necessary, and is not prejudicial to the subject of the rights and freedoms concerned. ”

“ 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 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. ”

“ 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 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. ”

“ According to its article 1, "persons with disabilities" include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. ”

“ If the king is interpreted to be only referring to the reigning one, an act of disrespectful or defamatory nature against the current monarch is then allowed. Moreover, as earlier said, the Thai people have always been connected with the monarchy. The monarchs are still held in reverence, even after their deaths. ”

“ 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. ”