Mixed views on unelected Thai PM, interim govt

[webfact]

Mixed views on unelected PM, interim govt
Pravit Rojanaphruk
The Nation

BANGKOK: -- Suggestions put forward by anti-government protesters to bring in an unelected prime minister and an interim government to replace Yingluck Shinawatra's administration are being widely analysed and criticised in terms of their feasibility and constitutionality.

Protest leader Suthep Thaugsuban suggested earlier that the enforcement of Articles 3, 7 and 64 of the Constitution could bring about an unelected prime minister and a "people's assembly" to reform the country. The three articles do not say anything about the means of achieving a new government. They only state that sovereignty belongs to Thai nationals and people have the right to assemble and associate.

Many legal experts, notably those who support the anti-government protests, have suggested that His Majesty the King could pick anybody he deemed suitable to sit in the position as unelected prime minister under Article 7 of the Constitution.

However, the article does not specify this. It merely states: "Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional convention in the democratic regime of government with the King as Head of State."

His Majesty himself decided in April 2006 that it was undemocratic for the monarch to pick an unelected person to be prime minister.

Former PM Banharn Silapa-archa, now chief adviser to the Chart Thai Pattana Party, said it would disturb the King if he were to be asked to appoint an unelected PM.

Trakool Meechai, associate professor of political science at Chulalongkorn University, said there were no clear details yet as to what exactly constituted a people's assembly of a royally appointed PM under Article 7. "If it leads to reform, then I agree with it, because Parliament as it is cannot bring about the kind of democracy demanded by the protesters," he said.

"Back in 1973, a People's Assembly was royally appointed. Another way is to abolish the current power system and create from scratch a new political system to embark on reform. So we must look at the final goal and see whether it will lead to reform. The current 'Thaksin [shinawatra] regime' is not what we want," he added.

Komsan Poakong, an independent legal scholar, said: "The application of Article 7 is possible, but only if all institutions and organisations together ask His Majesty the King. Then he can exercise the power."

If the current prime minister resigned and there were no replacement, and the House were to be dissolved, then there would be a power vacuum, he said.

Somchai Silpapreechakul, a law lecturer at Chiang Mai University and a former dean of the faculty, disagreed with the idea of an unelected prime minister and an interim government, because of legal constraints.

A power vacuum occurred in Thailand in 1973 when then-PM Field Marshal Thanom Kittikachorn fled the country. On that occasion, Sanya Dhrmasakti was appointed prime minister in a caretaker government, he said.


-- The Nation 2013-12-05

[virtualtraveller]

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

[GeorgeO]

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

Whilst I like the idea of bringing all parties together to bring about such reform, I do not believe that Yingluck can be trusted, or is even capable, of appointing the next PM. As we all know, anything that comes out of her mouth is put there by her brother, so to allow her to appoint the next PM would be tantamount to accepting Thaksin's role in the formation of the new government in Thailand.

I believe that a better way forward would be for all parties to discuss and propose the potential replacement PM based upon proven integrity and lack of bias, with no input from the Thaksin regime. There obviously aren't too many of such people around, but I do like the idea of Apirak...!!

[kurnell]

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

Whilst I like the idea of bringing all parties together to bring about such reform, I do not believe that Yingluck can be trusted, or is even capable, of appointing the next PM. As we all know, anything that comes out of her mouth is put there by her brother, so to allow her to appoint the next PM would be tantamount to accepting Thaksin's role in the formation of the new government in Thailand.

I believe that a better way forward would be for all parties to discuss and propose the potential replacement PM based upon proven integrity and lack of bias, with no input from the Thaksin regime. There obviously aren't too many of such people around, but I do like the idea of Apirak...!!

As difficult to find as a piece of hay in a massive stack full of needles

[hellodolly]

If the current prime minister resigned and there were no replacement, and the House were to be dissolved, then there would be a power vacuum, he said.

Isn't that what happened in 2006.

It has been my understanding that when this is done it is the responsibility of the resigning Prime Minister to set an election date which Thaksin did not do he just carried on like he was still the Prime Minister. In essence there was no coup there was just a vacuum when it came to government which the army moved in to fill.

[DGIE]

virtualtraveller said:

Posted Today, 08:43

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

You have already seen that people don't agree with each other. If you set aside the King

there will be more disagreement. Can you not see, with King's birthday, everybody paid reverence? So leave the King out?

[Carrerakiss]

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

Whilst I like the idea of bringing all parties together to bring about such reform, I do not believe that Yingluck can be trusted, or is even capable, of appointing the next PM. As we all know, anything that comes out of her mouth is put there by her brother, so to allow her to appoint the next PM would be tantamount to accepting Thaksin's role in the formation of the new government in Thailand.

I believe that a better way forward would be for all parties to discuss and propose the potential replacement PM based upon proven integrity and lack of bias, with no input from the Thaksin regime. There obviously aren't too many of such people around, but I do like the idea of Apirak...!!

Didn't all parties discuss in parliament who should be prime minister, after the last election? The result was Yingluck. Get them all together again and the result will be the same.

But I guess your proposal is to ignore the last election result and either have a greater number of democrats at the discussions, or an equal number of democrats and PT. The former will result in a democrat appointment which will result in huge Red shirt protests and the latter in no result at all because both sides will jockey to position their own man or woman.

No, the right way forward is to respect the election result, like it or not, and wait for the next election to try and elect parties that do not support Thaksin....assuming that is your goal. In the meantime, if the current government overstep the mark, then peaceful protest, as happened early on in the current chaos to stop the amnesty bill, is the way to go.

It is for the Thai people to recognize the inadequacies and incompetence of the government and change things via the ballot box. Any other method used to change an elected government just means elections don't matter and democracy is non existent. That's why thai politics never move forward. The people don't get the chance to become experienced at using the power of the ballot box to kick out useless government, for the simple reason that either the army or a lawless mob, do the job for them.

The result? All sides just use the mob method to get what they want because its quicker and has a more assured outcome.

[phitsanulokjohn]

Un-elected Prime Minister? Is this what's known as true THAI democracy?

[CaptHaddock]

The anti-government part is in fact anti-democracy. The Democrats cannot win an election outside of Bangkok because the voters recognize that they represents only the interests of the rich and powerful. All methods for selecting representatives outside of elections, such as military coups, judicial coups, appointed senators and an appointed PM do not actually represent compromise measures at all, but no less than the complete success of the anti-democracy group in Thai society. As such, these measures should be off-the-table.

[Ulic]

Suthep says, dissolve government, I will form an interim government and then at some point in the future I will

appoint a non elected council to run the country. Don't worry trust me I will put the needs of the country

first. All the stories you have heard about me being corrupt are lies spread by my enemies.

[jdinasia]

I am still predicting a coup. I assume that the instigators are lining up the PM and cabinet now just in case.

Bring in an acceptable statesman for a limited term.

Anand or Mechai V. for a year

Pass the organic laws required to give more teeth to corruption laws.

Make the penalties fir the crimes. If you steal 5M baht from Thai people you give it all back and pay a 5M baht fine.

Anyone ever found guilty of corruption spends a minimum of 2 years in jail and may nro longer hold public office, or be a civil servant. EVER

All corruption cases get fast tracked. No more waiting years while they stay out on bail tampering with witnesses.

........

At the same time, go back to the 1997 People's charter and use it as a starting point. Increase the checks and balances, eliminate money politics, reinforce human rights clauses, get rid of the party-busting clause and ony make party execs vulnerable. Proven guilty=gone for good. Should have known=gone for 10 years.

Allow full open debate on thee new charter.

Remind people that the new corruption laws are in effect and let them vote on the charter,

Elections 60 days later.

It should take 1 year

Get that solidly in place and I could care less if they let Thaksin come back and eat SomTam

[VegasVic]

By mutual agreement, the army could stage a 'mock coup', tear up the charter and appoint a people's govt, that has both Dem and PT and others in it, with a neutral, acceptable PM selected by Yingluck herself. Write a new charter together, have a referendum to get the people to agree to the whole thing in the first place. Leave the king out of it.

Whilst I like the idea of bringing all parties together to bring about such reform, I do not believe that Yingluck can be trusted, or is even capable, of appointing the next PM. As we all know, anything that comes out of her mouth is put there by her brother, so to allow her to appoint the next PM would be tantamount to accepting Thaksin's role in the formation of the new government in Thailand.

I believe that a better way forward would be for all parties to discuss and propose the potential replacement PM based upon proven integrity and lack of bias, with no input from the Thaksin regime. There obviously aren't too many of such people around, but I do like the idea of Apirak...!!

Didn't all parties discuss in parliament who should be prime minister, after the last election? The result was Yingluck. Get them all together again and the result will be the same.

But I guess your proposal is to ignore the last election result and either have a greater number of democrats at the discussions, or an equal number of democrats and PT. The former will result in a democrat appointment which will result in huge Red shirt protests and the latter in no result at all because both sides will jockey to position their own man or woman.

No, the right way forward is to respect the election result, like it or not, and wait for the next election to try and elect parties that do not support Thaksin....assuming that is your goal. In the meantime, if the current government overstep the mark, then peaceful protest, as happened early on in the current chaos to stop the amnesty bill, is the way to go.

It is for the Thai people to recognize the inadequacies and incompetence of the government and change things via the ballot box. Any other method used to change an elected government just means elections don't matter and democracy is non existent. That's why thai politics never move forward. The people don't get the chance to become experienced at using the power of the ballot box to kick out useless government, for the simple reason that either the army or a lawless mob, do the job for them.

The result? All sides just use the mob method to get what they want because its quicker and has a more assured outcome.

"...respect the election result...and wait for the next election to try and elect parties that do not support thaksin" What a novel idea in a democracy

[haroldcane]

...What a novel idea in a democracy...

what a novel democrazy, where a fugitive convicted criminal buys himself complete parties, installs his family as prime ministers who bribe the uneducated poor with taxmoney from the educated hardworking middleclass (see rice-scheme-scam!) his name must be tax-sin, the self choosen savior of 'his' billions from thai people

[sjaak327]

If the current prime minister resigned and there were no replacement, and the House were to be dissolved, then there would be a power vacuum, he said.

Isn't that what happened in 2006.

It has been my understanding that when this is done it is the responsibility of the resigning Prime Minister to set an election date which Thaksin did not do he just carried on like he was still the Prime Minister. In essence there was no coup there was just a vacuum when it came to government which the army moved in to fill.

Actually he did set a date, if I remember correctly the elections were scheduled around 4 weeks after the coup happened.

[DocN]

There is a part in the OP, that I will very carefully step around.

If people would admire a certain person as much as they always state to do, they might learn something here and maybe follow his advice.

(As they might on other, specific laws, flood prevention, ecological questions of all kind...)

[GeorgeO]

I am still predicting a coup. I assume that the instigators are lining up the PM and cabinet now just in case.

Bring in an acceptable statesman for a limited term.

Anand or Mechai V. for a year

Pass the organic laws required to give more teeth to corruption laws.

Make the penalties fir the crimes. If you steal 5M baht from Thai people you give it all back and pay a 5M baht fine.

Anyone ever found guilty of corruption spends a minimum of 2 years in jail and may nro longer hold public office, or be a civil servant. EVER

All corruption cases get fast tracked. No more waiting years while they stay out on bail tampering with witnesses.

........

At the same time, go back to the 1997 People's charter and use it as a starting point. Increase the checks and balances, eliminate money politics, reinforce human rights clauses, get rid of the party-busting clause and ony make party execs vulnerable. Proven guilty=gone for good. Should have known=gone for 10 years.

Allow full open debate on thee new charter.

Remind people that the new corruption laws are in effect and let them vote on the charter,

Elections 60 days later.

It should take 1 year

Get that solidly in place and I could care less if they let Thaksin come back and eat SomTam

You've essentially hit the hail on the head there JD, since Thailand can never move forward until there is an appropriate system of law and order in place. I found it unbelievable when they carried out a survey last year that the majority of Thai people felt that corruption was acceptable...! I think the same survey carried out today might return a different result..!

The first government in Thailand which ensures that political figures, those in positions of trust, and let's not forget, policemen, are jailed for their illegal actions, will be the first party to thrust this country forward, at a very rapid pace, into the twentieth century. With a little more subsequent effort, the country may actually finds its way into the twenty-first century.

[jdinasia]

I am still predicting a coup. I assume that the instigators are lining up the PM and cabinet now just in case.

Bring in an acceptable statesman for a limited term.

Anand or Mechai V. for a year

Pass the organic laws required to give more teeth to corruption laws.

Make the penalties fir the crimes. If you steal 5M baht from Thai people you give it all back and pay a 5M baht fine.

Anyone ever found guilty of corruption spends a minimum of 2 years in jail and may nro longer hold public office, or be a civil servant. EVER

All corruption cases get fast tracked. No more waiting years while they stay out on bail tampering with witnesses.

........

At the same time, go back to the 1997 People's charter and use it as a starting point. Increase the checks and balances, eliminate money politics, reinforce human rights clauses, get rid of the party-busting clause and ony make party execs vulnerable. Proven guilty=gone for good. Should have known=gone for 10 years.

Allow full open debate on thee new charter.

Remind people that the new corruption laws are in effect and let them vote on the charter,

Elections 60 days later.

It should take 1 year

Get that solidly in place and I could care less if they let Thaksin come back and eat SomTam

You've essentially hit the hail on the head there JD, since Thailand can never move forward until there is an appropriate system of law and order in place. I found it unbelievable when they carried out a survey last year that the majority of Thai people felt that corruption was acceptable...! I think the same survey carried out today might return a different result..!

The first government in Thailand which ensures that political figures, those in positions of trust, and let's not forget, policemen, are jailed for their illegal actions, will be the first party to thrust this country forward, at a very rapid pace, into the twentieth century. With a little more subsequent effort, the country may actually finds its way into the twenty-first century.

The flaw in my reasoning is the likelihood that any elder statesman would refuse the appointment uness it came from 1 man.

I know I would not want to be the guy to take this on for a year. It will be a miserable job, but until Thailand can break the cycle of corruption and money politics it cannot move forward.

[DocN]

There is a part in the OP, I will be careful to mention, but...if people would actually admire a certain person as much, as they always state, they might learn something and take some sound advice.

...also on other specific laws, flood prevention, ecological matters of all kind...

[bigbamboo]

I would have thought Number One is already disturbed by his delinquent politicians.