Cold water poured on 'neutral Thai PM' push

[webfact]

POLITICS
Cold water poured on 'neutral PM' push
The Nation

BANGKOK: -- The Senate's first Deputy Speaker Surachai Liengboonlertchai could not submit, on behalf of the outgoing Speaker of the Senate, the name of a "neutral" prime minister to HM the King for his consideration because it would be unconstitutional.

The People's Democratic Reform Committee believes that Surachai can submit the name on behalf of Senate Speaker Nikom Wairatpanij, whose term has ended.

But Parliamentary Secretary Suvijak Nakwatcharachai, speaking as Senate secretary, said it couldn't be done because article 171 paragraph three of the Constitution stated that the speaker of Parliament had to counter-sign on the appointment of a prime minister.

He said that in the event of there being no parliament, like now, it was the Senate speaker's responsibility.

There was no part in the Constitution that allowed the Senate deputy speaker to do a job on behalf of the parliamentary speaker, he said.


-- The Nation 2014-03-10

[Thai at Heart]

Hooray. Everyone has started reading their constitutions finally.

[noitom]

That's the best that the Thais can do for national leadership. Shameful.

[Costas2008]

Please, somebody tell me we are not stuck with her

[ramrod711]

There was no part in the Constitution that allowed the Senate deputy speaker to do a job on behalf of the parliamentary speaker, he said.

I imagine that it would be difficult to cover every contingency in a document like the constitution. Someone probably assumed that lawmakers would act in the best interests of the country, and that the courts would interpret the document.

BANGKOK: -- The Senate's first Deputy Speaker Surachai Liengboonlertchai could not submit, on behalf of the outgoing Speaker of the Senate, the name of a "neutral" prime minister to HM the King for his consideration because it would be unconstitutional.

Commendable of Suvijak to defend the constitution, where was he when PTP were ramming the amnesty bill through Parliament at 4am.

[StealthEnergiser]

Like everything else just get a ruling on it I can't see the judges not allowing it.

[northernjohn]

Like everything else just get a ruling on it I can't see the judges not allowing it.

This whole mess just goes to prove the government needs to reform.

The courts as we have seen have had every thing shoved off on them and if the ruling doesn't match what the PTP like they ignore it.

That in it's self shows the need for reform. We need a constitution with teeth in it.

Why is the PTP so against reform well I would say the answer is obvious.

There will be reform with this government when Dubai has worked out how to do it.

[smedly]

It might just be that another part of the constitution allows the deputy to have full authority of the speaker when this situation arises - I don't know but it wouldn't surprise me

[kikoman]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

[Valentine]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

The OP did not say anything like that, it only stated the deputy could not submit for consideration.

[chainarong]

To appoint a neutral PM would also involve a neutral cabinet , that would entail the introduction of the shredder machine to hide all the evidence that PTP don't want to become public knowledge , the avoidance factor seems to be lost on the powers that be , to elect either the PTP or other major parties at this present time will not stop the protests as both yellow and red shirts are as bad as each other , to nullify this, the avoidance factor should be a neutral administration to carry out reforms and place the country back on an level playing field and try to extinguish some of the hate that is so widey prevalent in the Thai community

[diehard60]

Please, somebody tell me we are not stuck with her

You are until they ( suthep and thugs ) allow a complete and total ellection.

[diehard60]

Like everything else just get a ruling on it I can't see the judges not allowing it.

This whole mess just goes to prove the government needs to reform.

The courts as we have seen have had every thing shoved off on them and if the ruling doesn't match what the PTP like they ignore it.

That in it's self shows the need for reform. We need a constitution with teeth in it.

Why is the PTP so against reform well I would say the answer is obvious.

There will be reform with this government when Dubai has worked out how to do it.

What are you talking about? the courts have been AGAINST the PTP from the beginning. If they weren't suthep and his thugs would be behind bars now.

[diehard60]

To appoint a neutral PM would also involve a neutral cabinet , that would entail the introduction of the shredder machine to hide all the evidence that PTP don't want to become public knowledge , the avoidance factor seems to be lost on the powers that be , to elect either the PTP or other major parties at this present time will not stop the protests as both yellow and red shirts are as bad as each other , to nullify this, the avoidance factor should be a neutral administration to carry out reforms and place the country back on an level playing field and try to extinguish some of the hate that is so widey prevalent in the Thai community

OK. What about the dems are they so lilly white clean??????? Think about it.

[diehard60]

It might just be that another part of the constitution allows the deputy to have full authority of the speaker when this situation arises - I don't know but it wouldn't surprise me

This is the same as in any part of the governemnt or organization here in thailand. If the person responsible for this task is not there the paperwork just sits until he comes to work or in this case the get a new speaker of the house.

[djjamie]

So the PDRC have been warned before attempting something that may be deemed unconstitutional thus stopping them in their tracks to ensure they are not a dancing partner of the PTP dancing on the wrong side of the law.

This OP says a/ more about the legal team of the PTP that do not warn their representatives that they may be breaking the law or b/ the PTP don't care if they manipulate and translate the constitution to suit themselves with the ultimate aim to cement it's hold on power, make the voters inconsequential now their popularity is waning and finally change the constitution to ensure no transparency, parliament is bypassed and corruption can flourish.

I suspect b. Though the PTP does need a better legal team. They fair terribly at the courts…..Though it is hard to defend someone with their hand in the cookie jar.

[gabruce]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

Have you read the constitution carefully? I have read the consitution and I believe that it is much less clear than you seem to state. Just my opinion of course, and I'm NOT a consitutional legal expert. Of course there is the PTP position that legally the election hasn't completed, so none of the constitutional provisions can be implemented and the caretaker government must stay on until 95% of the MP's are elected ... even if it takes decades.

I think that you are correct in that in the end nothing will be resolved until a new election is held properly, with polling done on the same day throughout the country.

[animatic]

The greatest problem Thailand has is when I constitution doesn't work bullet proof,

they throw out the whole thing and start from scratch. They have done this repeatedly.

Rather than FIX a nearly working constitution to close loopholes and work properly,

they end up with new ones that have different loopholes, or illogical juxtapositions of

rules that are in opposition to each other.

This is where we are now.

No bullet proof route to succession if things don't run correctly with an election.

Why is there now definitive list of

'who takes the leadership as each member is removed' for any reason?

There should be a list like most countries have that shows which leader steps in if his boss is gone,

and that listing goes right down to postmaster in Nakon Nowhere.

Since this happened last time an election timed out, why didn't they JUST FIX THAT,

and then fix the loopholes that allowed Executive authority to remove it's checks and balances?

Instead they threw out the whole 'Peoples Constitution' and put in a new from scratch one,

with MORE and slightly different problems. In particular no mechanism to prevent

a majority parliament from ramrodding onerous financial burdens down the national throat,

thus running the country into decades of debt and the mess we now have.

That the Opposition was serially prevented from actually SPEAKING against this in Parliamentary Session,

so much so, that they walked out in protest multiple times, shows how badly design this current system

has been done.

And has led us to the street effort to do what the constitution has shown itself to be inept at.

This is not a question of mandate of majority, since it is well known mandates in Thailand can be

purchased, gerrymandered and the public treasury used to keep an appearance of a mandate in place,

no matter if THAT breaks the nations treasury.

Edited March 10, 2014 by animatic

[Crushdepth]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

The impeachment is in the works.

[GeorgeO]

Like everything else just get a ruling on it I can't see the judges not allowing it.

I agree. Surely the "Deputy Speaker" has a remit to take over as the "Speaker" if the latter's term has expired...?! If not, then what is the point of appointing the "Deputy" in the first place...?!

[Thait Spot]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

Have you read any of the legal documents or are you simply a sciolist lurking within TV claiming knowledge that you don't possess!

Sent from my Nexus 4 using Thaivisa Connect Thailand mobile app

[casualbiker]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

There have been 3 "NON ELECTED by general election " Pm's Samak , Somchai and Abhisit all were elected by Parliamentary vote.

[Spartakos]

Please, somebody tell me we are not stuck with her

Why are you so worried, it's not like she affects anything that's going on. Just see her bleached face on some otop fairs or Facebook posts, hardly a nuisance.

[rickirs]

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Like everything else just get a ruling on it I can't see the judges not allowing it.

yes, it has become a habit of government run by the Constitutional Court. Suthep doesn't need a "People's Committee" to rule Thailand. The Constitional Court is already there, but unlike the PC its membership can be impeached.

[SICHONSTEVE]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

Let's go for the latter one then!!

[The Deerhunter]

Please, somebody tell me we are not stuck with her

Again the Constitution for the Democracy in Thailand has no provisions for appointment of an non-elected government, the only way Yingluck can be forced out of her position as Thailand's PM is to be voted out of office in an election or impeached!

Yes she will remain as PM until an election is held or impeached!

Cheers

Roll on Impeachment

Cheers.

[Goat Roper]

Please, somebody tell me we are not stuck with her

Sorry to say Costas it's because of the Dubai Duke. IMO he is afraid of losing assets if she goes.

[englishoak]

They will make it up and an interpretation of an unclear poorly out-laid constitution as they go along like they always do, with no precedent rulings or amendments for future interpretations. They will no doubt at some point just draw up another constitution saying this one is flawed like all the rest instead of fixing the one they have.

Banana republic of SE Asia.

[rubl]

So, what does a Deputy Speaker do or maybe should that be what is a deputy speaker allowed to do?

Can he blow his nose without needing approval?

[Scamper]

Article 7 makes it clear that the Senate does indeed hold this authority if there is a lack of a quorum. For those who believe that an interim prime minister cannot be constitutionally appointed in lieu of a parliamentary quorum need only look at Article 7. And while they're at it, they can look at Article 127 as well, which sets the limit of a caretaker administration at 30 days from an election if no quorum is formed. That was five days ago. And while they're at it, they can take a peek at Article 108 too. Pheu Thai will continue to deride the possibility of an interim prime minister ( I wonder why ! ) but you will never, ever hear a Pheu Thai spokesman ever refer to Article 7. And simply because they can't say deny that it is there. Article 7 runs contrary to everything that Pheu Thai wants to push. And yet there it is. And will - along with Article 127 and 108 form the basis of a pretty tight argument that the Constitutional Court will undoubtedly rule upon this month.

Edited March 10, 2014 by Scamper