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We can't pick a new PM, senior Thai judge says


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The judges have started a quandary by dismissing the PM for abuse of power. Now they are passing the buck to put an end to all this fuss and creating more uncertainty.

Typical Thai reasoning...cheesy.gif

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The courts will not help him, the military will not help him, his own people are getting tired of the now about the 6 final victory. He is now sitting in a corner of the room in government house using the same words as General Haig "I am in control here" while everyone just smile looks away and cheesy.gif

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"There is not any provision in the charter that empowers judges with such responsibility."

Is there anywhere in the charter that says that they "can't" elect a temporary PM?

They're all frightened of the intimidation that would result..........the CC judges have a pair.....not many of the others have!

I don't kjnow of any clause in the charter that says the judges cannot elect a temporary PM. There is also no clause saying that I cannnot elect a temporary PM. They also forget to mention my neighbour and the USA.

I think the point is that what's relevant is what authority and responsibility is given, and not what isn't mentioned.

Of course it appears that the whole constitution is ambiguous over what happens with a caretaker government and failed elections.

Truly they need to have talks on resolving the current situation.

"There is also no clause saying that I cannnot elect a temporary PM."

Really? Because I thought it had lots of rules that say the PM must be in the house of representatives, and elected and so on, but if you say so... not!

It's clear as day, EC is required to run elections, elections choose the House of Representatives, who elect a PM from their ranks. Usually the parties say who their preferred PM will be to give us an idea before hand.

"Truly they need to have talks on resolving the current situation."

Anything but elections it seems. A failed coup, and even their attempts to drag their friendly judges into it has failed. Sad.

Edited by BlueNoseCodger
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About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

Not true, they have the Authority. The reason that most Governments have Deputy Prime Ministers is so that they can take over as acting PM in the event of the PM being incapacitated, removed from office, or following impeachment. Thailand system is similar to the United States. If Obama was removed from office, died or was impeached, Joe Biden will take over.

and do I need to state the obvious here ? was the guy they nominated to the post of PM a DPM ? and I also draw attention to the fact that PTP had already stood down as a government

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About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

Not true, they have the Authority. The reason that most Governments have Deputy Prime Ministers is so that they can take over as acting PM in the event of the PM being incapacitated, removed from office, or following impeachment. Thailand system is similar to the United States. If Obama was removed from office, died or was impeached, Joe Biden will take over.

and do I need to state the obvious here ? was the guy they nominated to the post of PM a DPM ? and I also draw attention to the fact that PTP had already stood down as a government

Section 124. The House of Representatives and the Senate shall each have one President and one or two Vice-Presidents who are appointed by the King from the members of such House in accordance with its resolution.

Section 125. The President of the House of Representatives and the President of the Senate shall have the powers and duties to carry out the business of each House in accordance with its rules of procedure. The Vice-presidents have the powers and duties as entrusted by the President and act on behalf of the President when the President is not present or unable to perform his duties.

So no, they're the legal government as well as the one the people are choosing to follow.

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PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

Not true, they have the Authority. The reason that most Governments have Deputy Prime Ministers is so that they can take over as acting PM in the event of the PM being incapacitated, removed from office, or following impeachment. Thailand system is similar to the United States. If Obama was removed from office, died or was impeached, Joe Biden will take over.

and do I need to state the obvious here ? was the guy they nominated to the post of PM a DPM ? and I also draw attention to the fact that PTP had already stood down as a government

Section 124. The House of Representatives and the Senate shall each have one President and one or two Vice-Presidents who are appointed by the King from the members of such House in accordance with its resolution.

Section 125. The President of the House of Representatives and the President of the Senate shall have the powers and duties to carry out the business of each House in accordance with its rules of procedure. The Vice-presidents have the powers and duties as entrusted by the President and act on behalf of the President when the President is not present or unable to perform his duties.

So no, they're the legal government as well as the one the people are choosing to follow.

you are as usual talking out your nose - PTP resigned nothing you have posted is in anyway applicable to a CT Government - The EC - Senate and the courts hold the power under the Constitution until a new Government is elected through the proper process, and the only body that can elect a new CTPM is the Senate - initiated by the Senate speaker (whom UDD and PTP are also refusing to recognise) and endorsed by the King

It's time the courts completely removed them then that would conclude any argument - but then according to you they could probably just nominate someone to take their place lol

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seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

So having the Army take over is your suggestion? Then suspend the Constitution. Reforms, reforms, reforms. Seems like that is all a lot of people are talking about but so far everyone, including you, is kind of short on specific suggestions. Redraft with reforms that will do what? You want special clauses that the people of Bangkok get 5 votes for every 1 in the rural areas? I believe that this kind of thinking is what Suthep wants. Of course we don't know anything about the reforms he wishes to put in place and the Army really does NOT want to take over the government. This is certainly a sure fire way to insure that while things might be stable with soldiers on the streets, what happens when there is another election? Maybe the new Constitutional reforms will require that everyone with Shinawatra DNA be rounded up and shot or exiled. What needs to happen is that the Democrats win over enough of the electorate with plans and ideas and get enough votes in elections to either win a majority or be able to put pressure on the majority so that neither side can just run slipshod over the country. Winning the electorate is the only why the Democrats are going to be ultimately successful. Sure the Constitution is a piece of crap. The portions that I have read are weak at best and often leave doubt as to what is legal and what is not. Because of the corruption top to bottom, left to right, Thailand really needs to be a protectorate of the UN with the government run by bureaucrats with no vested interest in local politics.

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There is nothing 'historic' about it, previously Thailand was a military dictatorship, these coups were actually one undemocratically elected 'strongman' knocking off a rival. The 2006 coup was the only one that removed a popularly elected government-and it has been a disaster, every military brass has ruled out the coup option. and it would not be quick and easy, the military itself is divided, Yingluck continues to be the defense minister and in the first year of her premiership she moved some PT sympathetic brass into top positions, so if some blowhard gets clever and decides to try a putsche, he may find himself in the middle of a civil war, a civil war that cannot be won by the 'yellow' side..

The dems need to stop dreaming about judicial coups and military coups-this path to power has failed.

There IS NO 'erradication' of a political party in a democracy. the TRT was already banned twice, its not going to be banned again. The EC can't hold ot forever and will have to schedule an election, the more they ry to mess with the Yingluck govt, the more entrenshed in it's position it becomes. Yingluck for all her faults is still the best option considering the PT will win the election, who else on the PT side is better than Yingluck?


seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

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It would seem Suthep will not be happy until his party is in power despite vote counts or elections. This butt juice moron need to know how to accept a win. Sadly he has grown addicted to attention even though it is extremely negative for Thailand and has accomplished nothing. The wins from the amnesty bill and Yinluck's removal have been through proper and legal channels and not intimidation and removal of basic people's freedoms.

Easy to know and understand Thaksin was/is bad for Thailand but now I have to wonder who is worse Thaksin or Suthep.

Edited by JohnThailandJohn
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According to the lead BP story today, the senate, judiciary and cc have all refused and slammed Suthep's proposal.

I believe this reaction, harsher than any statement made previously, is a response to his threat to take matters into his own hands -- a direct threat.

Both sides are now guilty of the exact same form of arrogance, being an assumption that a leader is above the law.

I wonder what General Prayuth thinks about all this?

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Sounds like each and every one of the participants is caught up in its own gung-ho rhetoric,

and trying its best to steer things up.

Suthep with his ultimatums, threats and media blockades.

Jatuporn with his civil war talk.

Tarit with violent arrest promises.

Sides trying to goad each other to go overboard in hopes that violence will make rivals look

bad and force Army to intervene. Three unscrupulous loudmouths playing with fire. For sure,

they're all dogs on leashes, just hope their handlers are keeping tabs on their actions and a

firm hand ready to pull them back.

Hard to tell who's bluffing, who really believes he's got a shot (no put intended) at "winning",

Who feels someone's got his back and who really does.

Courts, Army and others do not seem to go along with Suthep's plans.

Then again, Army does not talk about taking action against Suthep, nor letting the police and/or

red-shirts make such a move.

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Why there is no report about the meeting of the Generals with a very important person from yesterday?

Interesting.

You mean no report on The Nation? It's been on BP, I believe, and other media.

The Nation is what it is...(again, no pun intended).

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"He insisted the operation was not to disperse the anti-government protest and was not directly related to the proposal to nominate a neutral PM." {Tarit insisting}

Liar

Saying Tarit is enough....no need to state the obvious smile.png

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Did you read this mornings BangkokPost? This article 7 thing is no fact as it has no support amoung acedemics or the courts and the Senate session ended.. it can't start up again until after the election.

About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

PtP had no authority to do it either, at best they appointed a new party leader not PM in any form or stature - only the Senate is empowered to do that under article 7.....fact

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About time someone from the court made sense. Of course they can not pick a new PM. He knows this too bad Suthep can't seem to understand this. So were off to Final Battle # 209 with rent a space at government house given him a big head.

I thought the court was grossly biased according to some. Seems they just do their jobs, following the letter of the law. Too bad for Yingluck that she broke the law.

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seizing Government House and calling for an "Article 7 PM" was designed to provoke the military to stage a coup

This is what every Thai I have spoken with is fully expecting to happen. It is historically the way these ordeals cycle in Thailand... the army imposes martial law and sorts out the mess made by the government.

Even though is isn't "politically correct" in the eyes of the rest of the world, it is probably the best solution for Thailand.

The problem is that there really is no one that anybody will agree upon to be the new prime minister. There is nobody capable and admired enough to step up to the plate for this. It seems that no side is going to give way in this fight, and these people need someone to tell them specifically what to do without any negotiation or options.

A coup is probably the best solution... as long as the army is on board with reform and willing to make it happen. Suspend the constitution (which will ultimately have to be redrafted anyway to cover the new reforms) and do some serious housecleaning under the provision of martial law.

Eradicate the Shin clan permanently, finishing what was started in 2006. Once the necessary reforms have been made and stability restored, a new election can be implemented.

Unfortunately, some blood is going to have to be spilled somewhere before the army will take action and this becomes a reality.

Eradicate the Shin clan permanently

What do you suggest hanging, shooting, poisoning of all men, women and children? How far do you recommend the purge goes. 1st, 2nd, 3rd or 4th cousin? Just what constitutes a clan anyway?

Once the necessary reforms have been made and stability restored

You appear to be calling for a "Final Solution"

I suspect that if your advice is followed civil war would be the direct result. Unlike in the past the Military is now very divided. Both sides will probably end up with powerful weapons to use.

Thailand needs a total political amnesty and proper democratic elections. This means that ordinary people should be able to nominate whomever they want. It is not the job of the Judiciary to be involved in the political process.

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I'm pretty sure Suthep will turn himself in...as soon as Thaksin is back on the plane to Thailand. Just try to arrest Suthep and the other leaders and see what will happen. Tarit is desperate and his days are numbered.

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So the attack dogs have been left off their leashes again . . . expect more blood and violence over the next few days then . . .

If it is Suthep's blood the whole country bar a few nutters will be well-happy.

Sent from my iPhone using Thaivisa Connect Thailand

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The problem with all of this is that there is simply too much that has happened in the last seven months that is without precedent. And the result of that cumulatively is that the current situation is truly without precedent - in a variety of outstanding ways. The constitution is a reasonably all-inclusive document, but one suspects that this particular situation was not only not envisioned as possible but likely believed to be impossible. In political terms - it is the perfect storm. What happens when a dingy is unfortunate enough to find itself in the middle of a hurricane ? Refer to the marine manual ? More likely pray. And so it is here. The judge cited in this article is quite correct regarding Suthep's particular idea of an interim prime minister nominated through judges. But Suthep's initiative is not the only one around. His just happens to be the wildest. The one bandied about much more seriously is the nomination of a prime minister through the Senate in the event of a quorum-less parliament. We know that the election of February 2 didn't pan out. We know that a quorum was not reached in parliament. We know that on March 5, the caretaker administration passed the 30 day mark without convening a quorum-filled parliament. Since then, it's been open season for all sides of the political spectrum, with the army looking nervously on in the distance. The courts have tried to work through it, and have succeeded to the extent that their rulings were not obstructed, or delayed, or challenged. But that's a lot of qualifiers. The very people who are constitutionally empowered to interpret the constitution are the judges of the Constitutional Court. And yet their rulings have been challenged to a degree that takes the breath away. When you take away the highest judicial opinion, all that is left is anarchy. The Pheu Thai administration has not done well to propagate the notion that court rulings need to be routinely respected. In fact, they see a ruling as only a suggestion that can be overlooked or deliberately misinterpreted. And in fact Pheu Thai's insistence on a counter narrative - one that is belligerent and challenges the authority of the court - has done more to damage the judicial line of authority than even the UDD - because the UDD is not in government ( officially ).

So how will this play out ? The pattern of how this will play out has less to do with the dynamics of all that has surfaced that is without precedent, and more to do with simple human nature. The pattern that will prevail is how people have reacted to conflict of this significance before. Given the fact that people actually sitting down and talking is the only way out of this conflict, and given the fact that too many people are simply unprepared to do just that, events will likely be determined by a limited intervention from the military to restore order and security. The very role Prayuth did not want to play seems like it will be thrust upon him nonetheless. It is not the constitutional solution. But it is the most likely. And hopefully out of that, an incentive to sit down and reach a reasonable consensus will result from all the disparate parties. If that happens, let us hope there will not be an absence of enough reasonable minds.

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So the attack dogs have been left off their leashes again . . . expect more blood and violence over the next few days then . . .

If it is Suthep's blood the whole country bar a few nutters will be well-happy.

Sent from my iPhone using Thaivisa Connect Thailand

Aside from a few fascist militarists here and there no one opposes this. No one in the establishment is speaking out against the government and the police SWAT and commando units acting now to take out Suthep and the PDRC.

Sudden and unanticipated statements that occurred swiftly over the weekend are to the opposite, that the government can act now to decapitate the insurrection. The army and the three court presidents have said Section 7 action now would violate royal power, be unconstitutional, undemocratic.

It's clear the government suddenly and now has the go-ahead to get the court orders on the arrest warrants it's been seeking for months on end. The government expects to secure all the arrest warrants from the court today.

The population wants a resolution and believes a traditional military coup is inevitable. Over the weekend however the government got the green light to act from almost all the central players, the military especially and in particular.

The government taking out Suthep and the PDRC will satisfy the population and decapitate the insurrection. No military coup, no actions by the courts against the government.

As is the case with the military, the RTP have highly trained, expert, disciplined SWAT and commando units - they are not your sleazy cop on the sidewalk extorting Baht 2000 from some hapless food vendor. These are highly specialized and serious units.

The end days have never looked more clear or better for the government as everyone appears to be cooperating with it. I think the government is going to go for it now, today, tonight or tomorrow at dawn.

Edited by Publicus
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Hello? Scamper? post #48 The Senate session ended it will not restart until after a successful election.. i see the dem/pdrc supporters are still beating this dead horse of the Senate speaker that gets to appoint a PM.. not gonna happen guys, no way, it's been almost a week now since your hopes were dashed last wednesday-its time to start accepting reality..

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The problem with all of this is that there is simply too much that has happened in the last seven months that is without precedent. And the result of that cumulatively is that the current situation is truly without precedent - in a variety of outstanding ways. The constitution is a reasonably all-inclusive document, but one suspects that this particular situation was not only not envisioned as possible but likely believed to be impossible. In political terms - it is the perfect storm. What happens when a dingy is unfortunate enough to find itself in the middle of a hurricane ? Refer to the marine manual ? More likely pray. And so it is here. The judge cited in this article is quite correct regarding Suthep's particular idea of an interim prime minister nominated through judges. But Suthep's initiative is not the only one around. His just happens to be the wildest. The one bandied about much more seriously is the nomination of a prime minister through the Senate in the event of a quorum-less parliament. We know that the election of February 2 didn't pan out. We know that a quorum was not reached in parliament. We know that on March 5, the caretaker administration passed the 30 day mark without convening a quorum-filled parliament. Since then, it's been open season for all sides of the political spectrum, with the army looking nervously on in the distance. The courts have tried to work through it, and have succeeded to the extent that their rulings were not obstructed, or delayed, or challenged. But that's a lot of qualifiers. The very people who are constitutionally empowered to interpret the constitution are the judges of the Constitutional Court. And yet their rulings have been challenged to a degree that takes the breath away. When you take away the highest judicial opinion, all that is left is anarchy. The Pheu Thai administration has not done well to propagate the notion that court rulings need to be routinely respected. In fact, they see a ruling as only a suggestion that can be overlooked or deliberately misinterpreted. And in fact Pheu Thai's insistence on a counter narrative - one that is belligerent and challenges the authority of the court - has done more to damage the judicial line of authority than even the UDD - because the UDD is not in government ( officially ).

So how will this play out ? The pattern of how this will play out has less to do with the dynamics of all that has surfaced that is without precedent, and more to do with simple human nature. The pattern that will prevail is how people have reacted to conflict of this significance before. Given the fact that people actually sitting down and talking is the only way out of this conflict, and given the fact that too many people are simply unprepared to do just that, events will likely be determined by a limited intervention from the military to restore order and security. The very role Prayuth did not want to play seems like it will be thrust upon him nonetheless. It is not the constitutional solution. But it is the most likely. And hopefully out of that, an incentive to sit down and reach a reasonable consensus will result from all the disparate parties. If that happens, let us hope there will not be an absence of enough reasonable minds.

Suddenly and decisively over the weekend the establishment lined up against Suthep and his PDRC.

The military joint chiefs said Saturday Section 7 action is not acceptable. The presiding judge cited in the OP said yesterday, Sunday, the judges presiding over the courts Suthep has called on to order a Section 7 action to thereby evict the government, to actually appoint a new PM, agree Suthep's wild idea is in fact a violation of royal power, that it is unconstitutional, undemocratic. (anti-democratic.)

What is the Senate saying? The Senate as has been pointed out has gone home, the unelected half of it probably to hide under the bed.

The government and the police face no opposition by the army and from all appearances have the army's passive support.

The government has the support of the courts below the CC, as I'd pointed out in a thread last week. Perhaps the government will now carry through on its threat to file in court to freeze the assets of Suthep and the members of the PDRC, along with some others.

More importantly, the government says it expects a court today will issue the arrest warrants against Suthep and the PDRC members that the government has been seeking for several months. The government says specialized police SWAT and commando units will execute the warrants.

It's only a matter of time before this (admirably tenacious) government orders up a hurricane. A short time. This week. Suthep can quit now or he and his PDRC gang can go down holding on to their dingy. The end game has never been closer than it is now.

Edited by Publicus
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