Reference: About politics, Bangkok Post, October 4, 2007

Since the adoption of the new 2007 constitution in Thailand, it is widely assumed that it is now the supreme law of the land and that all of its terms may be enforced in accordance with the letter of that law although many of the key institutions required by the constitution do not yet exist. For example, it is not clear that the unicameral and unelected NLA (National Legislative Assembly) is the same institution as the elected and bicameral Parliament to which the constitution refers. Similarly, the current unelected Prime Minister who is not a member of Parliament is clearly not the Prime Minister described by the constitution. Although many of the words and phrases used in the constitution are also used to describe elements of the military-installed government, they may not be used interchangeably because it is not possible for them to refer to the same institutions. The expectation by the NLA that the resignation of the Prime Minister prior to the elections would require the next prime minister to be a member of the NLA in accordance with the new constitution is logically flawed because the NLA does not conform to the parliament described in the constitution. The new constitution has been adopted but it has not been fully implemented and it cannot be fully implemented until the new and constitutional parliament is elected. The NLA is part of an interim government whose primary function is to hold free and fair elections and cease to exist thereafter.

Cha-am Jamal
Thailand