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The Thai society seems to be pretty excited about the new PM. Mr. Abhisit is often touted as an intelligent, gentle, highly educated, honest and well-spoken politician. Yet, in my view, I see Mr.Abhisit as an opportunist and someone who is willing to compromise good principles and values for his own benefits, not much different from Mr.Thaksin. In this blog, I shall argue that Abhisit's rise to PM, although perhaps constitutional in many people's view, is in fact undemocratic. His rise to premiership also destroys one of the practices - "buying of MPs" - that the 2007 Constitution tries to prevent. ......... Mr.Abhisit was able to form a government because many MPs of the former PPP, Chart Thai and Machima parties, all of which were recently disbanded by the Constitutional Court for electral frauds involving party executives, defected to vote for Mr.Abhisit as the new PM in a new coalition government. Why is this process undemocratic? First of all, when people vote, it is undeniable that they look at BOTH individual candidates and their respective political parties. For example, if an MP is running for your district, you probably consider whether he is from Thaksin-supported party or the Democrat party when casting your vote. Now, Article 106(7) in the 2007 Constitution states that if an elected MP were to resign from membership of the party, his MP status would cease to exist. What is the rationale of this very important clause? It is intended to prevent "buying of MPs" after elections. If MPs can resign from a party and switch to another party after being elected, then parliament would be full of "MP buying" and election results wouldn't matter since a party can buy MPs after elections anyway (like the "Cobra" case, for those who are familiar with Thai politics). Without this clause, a party which does not gain majority vote can still form a government if it can buy enough elected MPs from other parties. This makes a lot of sense in terms of preserving democratic principles as well. Why? When an MP is elected in a constituency, the people in that constituency voted for that MP taking into account the party he/she belongs too. So, if Mr.A is elected as a Party-X MP, then it makes sense that if Mr.A switches to another party later on, his or her MP status would cease to exist. This is to preserve the decisions made by the voters during the elections. There should then be a re-elections in that constituency. That MP who switched party could still run and might be re-elected but with a different party. The point is voters choose an MP based on his/her political party. As such, if he/she changes party, his MP status must cease to exist and voters must be given a chance to choose their new MP. It is thus clear that the Constitution, through Article 106(7), aims to prevent party switching and post-election MP buying. But what is happening now in Thai politics is clearly party switching and post-election MP buying! The case is very clear for Party List MPs. It makes no sense that a Party List MP can switch party and remain as MP since he/she has been elected solely because of the name of the party. This is so clear because when someone loses her Party List MP status (for whatever reason), the Constitution does NOT require a re-election. The parliament will simply has one less Party List MP. The case is also very convincing for constituency MPs because, as I explained above, people vote for MPs based on their personal characteristics as well as their respective politicial parties. For those who are anti-Thaksin, imagine that the current situation is the reverse of the reality. Suppose the Democratc Party ges dissolved and it was not Abhisit who is forming this government but a Thaksin nominee, would you be happy to see your constituency MP, formerly Democrat, switch to Thaksin's side and vote his nominee as the new PM? I guess not. If one thinks that this Abhisit's case is ok, the same thing can and will happen in the future. If Party A with a lot of elected MPs gets dissolved, then Party B can just buy off the MPs of Party A and form a new government, like the Democrat Party just did. Buying of MPs in order to form a government should not be allowed to take place in any circumstances. For this reason, I view this government as having no legitimacy to rule as its rise to power contradicts a key democratic principle: governments should come from elections which reflect the will of the majority. Thus, for the reasons outlined here and for other reasons not touched upon in this blog, I condemn the Democrats for taking advantage of a loophole in the constitution to seize government power, destroying good democratic principles in the process. |
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