การชุมนุมเพื่อกู้ชาติ ถวายคืนพระราชอำนาจ ใกล้จะเริ่มต้นขึ้นแล้ว
การชุมนุมกู้ชาติครั้งประวัติศาสตร์ ที่ลานพระบรมรูปทรงม้า กำลังจะเริ่มขึ้นอีกในไม่ช้า ซึ่งทุกอย่างได้มีการเตรียมการแล้วเสร็จ ตั้งแต่เช้ามืดที่ผ่านมา เมื่อกลางดึกที่ผ่านมา 4 ก.พ. รถบรรทุก 6 ล้อ จำนวน 6 คัน พร้อมกับรถกระบะ ซึ่งบรรทุกสิ่งของสำหรับสร้างเวทีและอุปกรณ์ ถือฤกษ์กู้ชาติ ทยอยออกเดินทางจากบ้านเจ้าพระยา เมื่อเวลาประมาณเที่ยงคืน โดยมุ่งหน้ามายังยังลานพระบรมรูปทรงม้า โดยใช้เส้นทางถนนราชดำเนิน ซึ่งการเดินทางเป็นไปอย่างปลอดภัย และได้รับความสนใจจากประชาชนทั่วไป เป็นอย่างมาก ซึ่งทันที ที่ลานพระบรมรูปทรงม้าแล้ว ทีมงานก็ได้ร่วมแรงร่วมใจช่วยกันสร้างเวทีปราศัย ติดตั้งลำโพง และจอโปรเจคเตอร์ บริเวณหน้าพระที่นั่งอนันตสมาคม โดยใช้เวลากว่า 3 ชั่วโมงจึงแล้วเสร็จ ซึ่งถือว่าเป็นการประกาศความพร้อม ในการที่จะขับเคลื่อนในการร่วมชุมนุมใหญ่ในครั้งนี้ เพื่อให้กลุ่มผู้ชุมนุมจากทั่วสารทิศที่มาด้วยพลังบริสุทธิ์ ได้มีส่วนรวมอย่างในการกู้ชาติ อย่างทั่วถึง
The civil right society will enshrine the right of the people to declare their general will directly or indirectly. In first era of Roman administration, it sounds like the virtually direct democratic system, but it in fact the direct democracy was ostensibly impossible. The history proves itself that the larger group of people is, the more perplexing in administration will be likely to occur. It finally becomes anarchism, or mob, rather than the direct democracy. The larger group of people tends to be much easier to be directed by the demagogue or cunning leader because those people who participate in the political congregation will be easy to lose their rationales than in the normal situation.
Under the rational theory and game theory, the economists are positive that the reasonable person will tend to make the right call or render the rational decision making based on the complete and correct information. . Unfortunately, people always lack the substantial information and make the wrong decision under the non equilibrium situation in such game. Those facts make them become only the tools to checkmate the opponent of the cunning political congregation leader.
Tomorrow, February 4, 20056, there will be the political congregation in Bangkok. The fundamental basis of the congregation derive from the facts that Mr. Sondhi, the media entrepreneur, who used to get along with the Prime Minister Taksin, urged the people to show the so-called "general will" about the legitimacy of Taksin Administration.
Under the rational theory and game theory, the economists are positive that the reasonable person will tend to make the right call or render the rational decision making based on the complete and correct information. . Unfortunately, people always lack the substantial information and make the wrong decision under the non equilibrium situation in such game. Those facts make them become only the tools to checkmate the opponent of the cunning political congregation leader.
Tomorrow, February 4, 20056, there will be the political congregation in Bangkok. The fundamental basis of the congregation derive from the facts that Mr. Sondhi, the media entrepreneur, who used to get along with the Prime Minister Taksin, urged the people to show the so-called "general will" about the legitimacy of Taksin Administration.
It is rumored that Mr. Sondhi and his Excellency Taksin became at odd with each other after the aggressive negotiation deal to run a public television program, 11/1 channel, completely failed. They could not see eye to eye with each other any more. The first attack began with the religious issue: Mr. Taksin betrayed and did not pay respect to His Majesty decree concerning about the patriarch appointment. The Chief Executive nominated the secondary monk to act as the patriarch which, Mr. Sondhi thought, violated royal mandate.
Secondly and most importantly, Royalist ideal has been stimulated and recapitulated that Mr. Taksin is not honesty to His Majesty. This issue is very sensitive to Thai citizens as a whole. The opponent might attack any person, as such Mr. Taksin was encountered, with the most violent accusation of unroyalist person and this accusation became successful instantly.
However, this accusation, eventually, was rebutted by the King's statement to assure that Mr. Taksin got the royal permission to conduct the religious ceremony in the royal buddha temple, which it is rarely for the normal person will act as his Excellency.
Recently, Mr. Taksin's family entered the highest value of stock share or the exchange security deal, the value is around 73,000 millions baht, with Singaporean business enterprise, without paying any tax, around 2,000 millions baht, to the department of Treasury. This act causes immensely suspicious among Thai citizens who used to whole-heartedly support him to be a chief executive. The surreptitious activities that have been relentlessly committed by his administration spur both the recalcitrant and docile persons through out Thailand. Nobody can tolerate with the corrupted government.
The political congregation is the basic and fundamental right in the democratic regime like the administration in Thailand. The people in the democracy shall inherently enjoy the right to declare the general will to their government. The profound concept is rooted in the freedom of speech doctrine. This fundamental right is enshrined by Thailand Constitution of 1997.
However, the constitutional right freedom of speech is not absolute. Nobody shall enjoy the right to defame others. The “Strict Scrutiny standard” will be applied to the statute to regulate the freedom of speech. In short, if the state cannot enumerate the public interest that outweigh the individual interest and such statute is narrowly tailored to achieve the state or public interest balancing with the individual rights impact, the statute will be declared unconstitutional.
In the manner at the freedom of speech, the political congregation in public place cannot be treated differently from such constitutional right freedom of speech. State differently, the state cannot regulate the political congregation in public in the dissimilar way from the freedom of speech.
The competing interests between the public or state interests and the individual rights must be balanced under the “Strict Scrutiny Standard,” which is the most stringent standard among the “Rational Basis Standard,” “Intermediate Standard” and the “Strict Scrutiny.”
The Rational Basis will be applied, typically, to the economic regulations; if the states can illuminate with some reasonable factor to explain why the state has to enact such regulation, the regulation will be legitimate. In contrast, the Intermediate Standard will be applied to some kind of individual rights that is not categorized as the fundament rights or basic rights of human. This standard will focus on the content of the statute impartially whether it is based on the idea of neutrality of measures to regulate the people activities.
The public interest, state specifically the public and order of the state, and the individual right always compete each other. The balancing factors between those rights must be appropriate and practical. Like the freedom of speech, the state can control the congregation in the public place with necessary measures that the individuals must be forbearance, but those measures must be narrowly tailored ones.
In short, so long as the public congregation is still in the scope of public order, the state has no reason to intervene with those people. However, the state has the interests to protect the majority or the people, generally, the state can take all necessary steps to prevent the mass harm to the public deriving from such congregation, but such methods must be least perilous to the people and necessary for the state to achieve the public interests.
Finally, I hope that there will be no any violence during the political congregation tomorrow. I also wish that the government will be tolerant with the democratic means – the public congregation. In the same way, the people should have the right to resist the corrupted government peacefully. However, it is still doubtful about the political congregation on Feb 4, 2006 in Thailand. The important question is whether this voice is the real innocent voice from the perfect educated persons or if those innocent persons are only the tools to defame and destroy others and simultaneously the demagogue will take an advantage over such derivatives of the innocent people. Before doing something, we might need to ask ourself if whether we have perfect information, and if we will be only an instrument in the game of chess!
The political congregation is the basic and fundamental right in the democratic regime like the administration in Thailand. The people in the democracy shall inherently enjoy the right to declare the general will to their government. The profound concept is rooted in the freedom of speech doctrine. This fundamental right is enshrined by Thailand Constitution of 1997.
However, the constitutional right freedom of speech is not absolute. Nobody shall enjoy the right to defame others. The “Strict Scrutiny standard” will be applied to the statute to regulate the freedom of speech. In short, if the state cannot enumerate the public interest that outweigh the individual interest and such statute is narrowly tailored to achieve the state or public interest balancing with the individual rights impact, the statute will be declared unconstitutional.
In the manner at the freedom of speech, the political congregation in public place cannot be treated differently from such constitutional right freedom of speech. State differently, the state cannot regulate the political congregation in public in the dissimilar way from the freedom of speech.
The competing interests between the public or state interests and the individual rights must be balanced under the “Strict Scrutiny Standard,” which is the most stringent standard among the “Rational Basis Standard,” “Intermediate Standard” and the “Strict Scrutiny.”
The Rational Basis will be applied, typically, to the economic regulations; if the states can illuminate with some reasonable factor to explain why the state has to enact such regulation, the regulation will be legitimate. In contrast, the Intermediate Standard will be applied to some kind of individual rights that is not categorized as the fundament rights or basic rights of human. This standard will focus on the content of the statute impartially whether it is based on the idea of neutrality of measures to regulate the people activities.
The public interest, state specifically the public and order of the state, and the individual right always compete each other. The balancing factors between those rights must be appropriate and practical. Like the freedom of speech, the state can control the congregation in the public place with necessary measures that the individuals must be forbearance, but those measures must be narrowly tailored ones.
In short, so long as the public congregation is still in the scope of public order, the state has no reason to intervene with those people. However, the state has the interests to protect the majority or the people, generally, the state can take all necessary steps to prevent the mass harm to the public deriving from such congregation, but such methods must be least perilous to the people and necessary for the state to achieve the public interests.
Finally, I hope that there will be no any violence during the political congregation tomorrow. I also wish that the government will be tolerant with the democratic means – the public congregation. In the same way, the people should have the right to resist the corrupted government peacefully. However, it is still doubtful about the political congregation on Feb 4, 2006 in Thailand. The important question is whether this voice is the real innocent voice from the perfect educated persons or if those innocent persons are only the tools to defame and destroy others and simultaneously the demagogue will take an advantage over such derivatives of the innocent people. Before doing something, we might need to ask ourself if whether we have perfect information, and if we will be only an instrument in the game of chess!
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