Thai court rules election delay as "constitutional"

On Friday, a Thai court ruled that a postponement of the upcoming elections is lawful under the country’s constitution.  The decision was also a blow to Prime Minister Yingluck Shinawatra, and many legal scholars were surprised, claiming that there were no such provisions under Thai law for these delays.  The court’s decision raises the complex power struggle between Shinawatra and the protestors who have spent the last couple of months trying to “purge from politics” Ms. Yingluck and her brother, Thaksin Shinawatra (In 2008, former prime minister, Mr. Thaksin, left the country to escape a prison sentence for abuse of power).  In explaining its decision, the court said that the constitution “does not absolutely mandate that the election day cannot be rescheduled.”  They also listed conditions that would justify the delay, such as actions that “obstruct the general election process” and acts that “damage the country.”  The Constitutional Court has ruled against the government on several crucial decisions in the past few weeks as well.  On the other hand, other scholars who specialize in constitutional law have argued that the court appears to be making law rather than interpreting it.  Furthermore, protestors have blocked the candidate registration process in more than two dozen districts, and their leader, Suthep Thaugsuban, pledged to obstruct the elections at all costs.  The protestors, drawing much of their support from others in Bangkok and southern Thailand, have defended their stance on the claim that they are fighting the corruption of the Shinawatra family.

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Amanda Ngo