Justice Minister Chaikasem: PM Yingluck cannot legally resign

[Misterwhisper]

I'd prefer the Marx Brothers, the Three Stooges, Laurel & Hardy or Buster Keaton running this government. Alas, even they'd have a very hard time to top the current one in terms of ludicrousness. Oh, and they're all... well... dead. So we just have no other choice and will have to be content with the current bunch of second-rate vaudeville clowns.

[ggold]

So there is a Law that says she mush stay where she is? Surely when there is no law regarding a certain situation means she can do what she likes?

This from a Justice Minister!

No wonder the country is in a constant political mess.

[SOTIRIOS]

...considering his obvious bias....and the track record of this government with regards to misrepresentation of the facts....I would go for a reexamination of his determination....

.....there is no law preventing her resignation......

[silent]

Well, gentlemen (and ladies), from right this minute on, since HM the King has approved the Royal Decree for parliament dissolution, set Ms Yingluck as caretaker PM and ordered elections for February 2, everytime Mr. Suthep will call for her to retreat from her post and call for a people's council, he will be in direct contradiction and disobedience of the Royal Decree of HM the King of Thailand.

His only option is now to obey to the Royal Decree, withdraw all his crazy ideas or otherwise face lese majesty charges.

Have you read "A Madman's Diary" Lu Xun lately http://www.marxists.org/archive/lu-xun/1918/04/x01.htm , maybe thought of Diagnostic and Statistical Manual of Mental Disorders (DSM IV)

or thought of pissing in the wind to see what the chances are.

Edited December 11, 2013 by silent

[klauskunkel]

Justice Minister Chaikasem: PM cannot legally resign

can she at least call in sick?

...but then again it's just a law, who cares...

Edited December 11, 2013 by klauskunkel

[ggold]

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

The rather ridiculous constitution. I hope someone takes note to change this rather stupid loophole.

But can it be changed?,,and if so, by whom?

It's not a loophole because it is not in the constitution! It is utter nonsense from the justice minister. If there is no law then she can do what she wants including resigning. Nothing PTP do is about following the constitution!

[tingtongteesood]

No PM is better than that PM, at least then she will stop damaging the country. Leave now !

[NCFC]

So there is a Law that says she mush stay where she is? Surely when there is no law regarding a certain situation means she can do what she likes?

This from a Justice Minister!

No wonder the country is in a constant political mess.

the constitution is clear. On dissolution of parliament the PM is caretaker PM. If the PM is incapacitated for any reason then the responsibility falls on the outgoing Cabinet. If they are incapacitated then the Permanent Secretary becomes caretaker PM. There is nothing in the constitution about somebody being appointed as per Suthep's demands. It would be unconstitutional to do so.

[a99az]

One crook out another in, today or in a week nothing changes.

[ggold]

So there is a Law that says she mush stay where she is? Surely when there is no law regarding a certain situation means she can do what she likes?

This from a Justice Minister!

No wonder the country is in a constant political mess.

the constitution is clear. On dissolution of parliament the PM is caretaker PM. If the PM is incapacitated for any reason then the responsibility falls on the outgoing Cabinet. If they are incapacitated then the Permanent Secretary becomes caretaker PM. There is nothing in the constitution about somebody being appointed as per Suthep's demands. It would be unconstitutional to do so.

Yes but its a bit different when the justice minister says she cannot resign! sighting the constitutions lack of a law allowing her to do just that

[wilgoster]

I'm sitting here reading this and laughing my a_ _ off.....

It is quite obvious that this country is a political circus. The truth is..nobody has a clue what the laws are or aren't...and they have no back up plan for any type of emergency situation in place....Decisions will be made as situations arise and the outcome of those decisions will come from who has the money and the power at the moment...It is really time for the citizens of this Kingdom to really take a look at how they are all being manipulated. Rip apart the existing parties and toss them away for good...start over with finding individuals who represent different segments of society that have the country's and peoples true interest at heart and let everyone have an equal say in how things should be done

You have spoken truth to poopoo, Lingba, and for that you will be ignored. Unfortunately the mechanisms for the movements you mentioned aren't part of the landscape here, only mindscape... but your take is worth replicating.

[Puccini]

My reading of the constitution is like this:

• It would be legal for the Prime Minister to resign (Section 182)
  
• It would be illegal for the Prime Minister to resign and hand power over to Suthep (Section 172)
  
• When the Prime Minister resigns, the House of Representatives appoints a new Prime Minister (Section 172)
  
• There is no provision for the appointment of a new Prime Minister when the House of Representatives has been dissolved.
  
• When a situation arises for which the constitution has no provision, Section 7 comes into play:
  

  Section 7. Whenever no provision under this
  Constitution is applicable to any case, it shall be decided in
  accordance with the constitutional practice in the democratic regime
  of government with the King as Head of the State.

Constitution 2007 - senate.co.th.pdf

[Puccini]

One crook out another in, today or in a week nothing changes.

Like the chairman of an English language newspaper in Thailand said in a speech at a Bangkok Rotary Club meeting some 30 years ago, with obvious reference to Thailand: "Peoples survive despite their governments"

[15Peter20]

What a joke. Of course she can step down, that's what deputies are for.

Show me the law that says that she can't.

That particular piece of legislation is probably from the same Act that allows anyone (who can get sufficient numbers of people to appear on the streets of Bangkok) to unseat an elected government and attempt to commandeer the police and armed forces of Thailand.