Suspended PM insists his term in office has not yet expired

[snoop1130]

 

Suspended Prime Minister Prayut Chan-o-cha has insisted that his 8-year term in the job did not expire on August 24th, as posited by opposition parties, because his term should be counted from when the 2017 Constitution (B.E. 2560) came into force, on April 6th, 2017.

 

In what is believed to be his written statement to the Constitutional Court, which was leaked today, he claims that his first term, under the Interim 2014 Constitution (B.E. 2557) expired along with the replacement of the interim charter by the 2017 Constitution.

 

He claimed that Section 158 (paragraph 4), regarding the restriction of legal rights, does not clearly specify that it also applies to the premiership under previous charters and, in accordance with the principle of legal interpretation, if a charter does not clearly stipulate that a legal right is to be restricted, it cannot be interpreted in a way in which that right is restricted.

 

Full Story: https://www.thaipbsworld.com/suspended-thai-pm-insists-his-term-in-office-has-not-yet-expired/

 

-- © Copyright Thai PBS 2022-09-07

 

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[sammieuk1]

He is going coup himself by the sound of it ????

[Bobtheblob]

He ain't gona go gently into the night, he's gona rage rage rage. 

[herfiehandbag]

The court ruling to suspend him is a clear message that those in real power do not want him in post any longer.

 

Now whether they are enthused by Prawit's dynamic leadership style, or are lining up their chosen replacement, or are merely open to bids from interested parties ( let's face it, all the top jobs in the country are sold) we don't know, but Prayut is out. 

 

[proton]

Not his decision to make is it, he can insist away ????

[Dmaxdan]

The expression "clutching at straws" springs to mind.

[steven100]

1 hour ago, snoop1130 said:

Section 158 (paragraph 4), regarding the restriction of legal rights, does not clearly specify that it also applies to the premiership under previous charters and, in accordance with the principle of legal interpretation, if a charter does not clearly stipulate that a legal right is to be restricted, it cannot be interpreted in a way in which that right is restricted.

Thank you .....   and correct .

[steven100]

1 hour ago, herfiehandbag said:

The court ruling to suspend him is a clear message that those in real power do not want him in post any longer.

 

Now whether they are enthused by Prawit's dynamic leadership style, or are lining up their chosen replacement, or are merely open to bids from interested parties ( let's face it, all the top jobs in the country are sold) we don't know, but Prayut is out. 

 

nonsense....   maybe your interpretation ..

[ikke1959]

We don;t care... next March there are new election and he will be gone for sure

[Soikhaonoiken]

Just admit it Prayut, you've done your 8 yrs, now just move on..

[champers]

Today's Bangkok Post front page headline is a report from a leaked document that the Constitutional Court has ruled he can stay on till 6th April 2025. His tenure began 8 years prior.

[webfact]

Prayut begs Constitutional Court to not count his premiership from 2014 as court sees 2nd data leak in past 2-days

By Erich Parpart

 

 

A 23-page document that was allegedly submitted by suspended Prime Minister Prayut Chan-o-cha to the Constitutional Court was leaked today which stated some of the rebuttals made by the 2014 coup leader against the allegations of him having completed his 8-year term as Prime Minister.

 

The documents, the 2nd leak from the top court in Thailand in as many days, came as the Constitutional Court continues to deliberate on the petition filed by the opposition parties against what they see as the breach of the 2017 constitution that states that nobody can remain a Prime Minister for more than 8-years.

 

“Even though I first assumed the prime minister position on August 24, 2014, and I have continued to be in the position since then until now, the plaintiff cannot use that first period of my premiership under Article 14 dash 1 of the interim charter, which was already nullified when the 2017 constitution came into effect, to be counted in with the premiership period under the current charter,” the unauthenticated document stated.

 

Full story: https://www.thaienquirer.com/43897/prayut-begs-constitutional-court-to-not-count-his-premiership-from-2014-as-court-sees-2nd-data-leak-in-past-2-days/

 

-- © Copyright Thai Enquirer 2022-09-08

 

- Cigna offers a range of visa-compliant plans that meet the minimum requirement of medical treatment, including COVID-19, up to THB 3m. For more information on all expat health insurance plans click here.

 

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[madmitch]

And if a new charter were to come into being during Prayut's continued tenure would this restart the clock? 

 

You've done your time, Prayut. You even set up the rules. Time to give a younger man a chance.....……...........oh I've got that bit wrong!

 

[CANSIAM]

Always sporting an 'inadequate' looking smirk.........

[Shocked farang]

His clinging to power is pathetic! 

[zzaa09]

Creepy sociopathic tendencies...

[RichardColeman]

Not  great choice for the battered Thai people, Smug Face or Sleepy watch man

[jacko45k]

Yeah... give him 3 more years.

Some targets were not achieved. 

I am being ironic, or moronic.... strewth politics here is messed up.

[Dialemco]

No matter where they are politicians seldom go without a fight to remain in power.

[metisdead]

Please use discretion in your references to the government. Phrases which can be considered as anti-coup will be removed. Referring to Thailand or the government as a dictatorship, military dictatorship or other such terms will be removed.

 

A post using excessive ALL CAPS has been removed:

 

5. Do not post text with all capital letters or with over-sized fonts, bold fonts, non-standard fonts, colored fonts or unusually large emojis. 

[herfiehandbag]

9 hours ago, steven100 said:

nonsense....   maybe yourerpret interpretation ..

I take it you don't relish the Irony of him being removed by the constitutional court!

 

Yes, it is my interpretation. If you have a different one, why let's hear it!

[Clarkey611]

Quelle surprise!

[klauskunkel]

9 hours ago, steven100 said:

11 hours ago, snoop1130 said:

Section 158 (paragraph 4), regarding the restriction of legal rights, does not clearly specify that it also applies to the premiership under previous charters and, in accordance with the principle of legal interpretation, if a charter does not clearly stipulate that a legal right is to be restricted, it cannot be interpreted in a way in which that right is restricted.

Thank you .....   and correct .

some other facts from Wikipedia:

 

Date:    22 May 2014; 8 years ago
Location:    Thailand
Result:    Successful military and police takeover

- Caretaker Prime Minister removed
- Yingluck's caretaker government dissolved
- 2007 Senate dissolved
- 2007 Constitution repealed
- Military junta, the NCPO established
- Prayut endorsed by Bhumibol as NCPO leader and Prime Minister

 

Rise of fascism:
The rise of fascism in Thailand began around the coup, first coined by James Taylor of University of Adelaide in 2011,[113] after the junta took control, academics and political commentators started to identify a political system by fascism. Pithaya Pookaman and James Taylor called it 'New Right', consisting of ultraconservatives, reactionaries, semi-fascists, pseudo-intellectuals and former leftists.[114][115] John Draper, an academic and political commentator, noted that the rise of fascism in Thailand began in 2014.[116] The King's sufficient economy was mentioned that it serves as one of the ideological foundations of the military regime, and reminiscent of fascist regimes in Europe in the 1930s.[117]

 

My interpretation of the last above bullet point is that on May 22 2014, over 8 years ago, His Majesty the King endorsed Prayut as Prime Minister of Thailand. Now, it is established that the King is regarded as the highest authority in the country, a sentiment that is forever on the lips of the NCPO, the prior and present government, the Phalang Pracharat party, and General Prayut. So, if the King has endorsed Prayut as PM 8 years ago, then his term is finished. If that is contested, then all who do so are committing lèse majesté by holding the King in contempt...

[nickmondo]

none of our business

we are guests in this country

keep quiet.

[Snig27]

Let’s face it, the so called Constitutional Court simply does as they are told. In the UK the PM was chosen by 80,000, here one man makes the call and the court will follow whatever order comes from above, pretending that they have deliberated. The media will bizarrely treat that pretence as fact despite the other fact being that they all know it’s nonsense.

 

That Goofy is supported by the clown who wrote this banana constitution is no surprise.

[outsider]

This coming from a man-child who allegedly bawled his eyes out under the pressure of being 'forced' to be the PM when the whole malarkey started, and promised that he will do it only for as long as it is necessary to restore order. What a power-hungry, barefaced lying sack of <deleted>.

[vivananahuahin]

is it so difficult, from when is the first munister payed for this job, 2014 or 2017, or retired general?

[aussiexpat]

So what happened to the law that anyone attempting to  overthrow an elected PM would be put to death?

 

His army did it and they walking around fine ???? 

[Gottfrid]

11 hours ago, steven100 said:

Thank you .....   and correct .

Exactly! Of course, he will have time left according to the law and constitution. The court just have to apply same decision at all levels. However, it looks like far too many members here are either to bitter or just don´t want to understand.

[kcpattaya]

It's difficult to jump off a grease train...