‘Former Dean of Law, MU’ points out that ‘Big Tu’ doesn’t have to stop performing duties. to be later sentenced to resign Does not affect what has been done, repeating the eight-year anniversary, Aug 24, worried regarding the crisis of faith If the Constitutional Court disagrees, there must be a strong reason.
August 22, 2022 – The reporter reported that Today, the staff of the Secretariat of the House of Representatives will go to the Office of the Constitutional Court To submit a petition of the opposition MPs submitted through the President of the House of Representatives. to send to the Constitutional Court to decide the petition regarding the eight-year term of office of Prime Minister of General Prayut Chan-o-cha, Prime Minister, made it possible to see that Will the Office of the Constitutional Court submit the request to the Constitutional Court Judiciary Meeting on Wednesday, August 24?
Assoc. Prof. Dr. Munin Pongsapan, Lecturer of Faculty of Law Thammasat University Former Dean of Thammasat Faculty of Law Mention the case if the Constitutional Court accepts this petition for ruling But there was no order for General Prayut to suspend his duties. How will it be? It is possible that the court may, in its discretion, not order General Prayut to suspend his duties as Prime Minister. Because it is an important position in the country and can have quite serious consequences. If it stops while the court is considering the petition, it’s understandable. But people would still question whether Why did the other lawsuits stop? But why does the petition in this case not stop performing duties?
When asked once more Will there be any problems if not ordering General Prayut to stop performing his duties? After one month, the court ruled that he had to vacate the prime minister’s position. Assoc. Prof. Dr. Munin gave a legal opinion that no problem was the principle of public law If, in the end, the court decides to vacate the position of Prime Minister It will not affect the activities that have already been done, which is to protect the certainty of the mission of the state. Otherwise, it is assumed that staying one month following receiving the application is beyond the time required to vacate office, for example, until 25 September, and the court decides that General Prayut had to vacate office on 25 August. There will be problems that cause the Prime Minister’s actions. After signing for one month, it’s all gone. And it will hit like a chain. Because it is the chief executive of the state, it will be chaotic. If the court decides that the person has no power following what he did when he still believed he was in power when the court made the decision. It does not affect it, it is considered a lawful act.
However, the former dean of the Faculty of Laws at Thammasat reiterated that the Constitutional Court had to weigh the same as to whether it would be better to stop it first or not. or will not stop performing duties I think both ways. Seriously, there’s no problem without stopping the performance. By continuing to serve as Prime Minister, it is understandable as well. I see that there are two issues that courts have to worry regarding. If, in the end, if General Prayut vacates his position, what has been done before as if there was no righteousness because he should not live but still use various powers But public law there is a solution There is already a principle in solving the problem that it can be done without affecting another issue that concerns him more is the explanation of how the court acts in each case. How are they the same or different? For example, in some cases, the suspension of duty But why this case does not stop performing duties is an explanation that the court must come out and explain to the people.
“The court has two questions that need to be considered, starting with the first, whether Gen. Prayut will suspend his duties as prime minister, because if General Prayut has to make important decisions Then later it happened that he had to vacate the position of Prime Minister. But why let it be an important decision before a decision or should it be better to take a break? with the second story is another petition case How did the court do it? And this case should be made the same so that it will be the same standard. Not that other cases to stop But in this case, the prime minister said not to stop. Like this, I don’t think I can explain it because if I stop, someone else can take the action if I can’t explain it,” said Assoc. Prof. Dr. Munin.
Former Dean of the Faculty of Law Thammasat University reiterated that the complaint It is one of the major issues that the Constitutional Court has faced with the reason that The guidelines for interpreting the Constitution are very clear and consequential. If the most common interpretations that lawyers find reasonable, General Prayut unable to remain prime minister following August 24
“If the court disagrees And if the court is unable to give a stronger reason, there will be a crisis of faith. It can be clearly seen that Is the court helping General Prayut? Something like this is a challenge. is that this does not mean Courts must make decisions as they express opinions, that is, if the court decides differently, the court must have a compelling explanation that can’t be seen as to what reason. It will be more weighty because it is very clear that there is no other way to interpret it in another way,” said a professor at the Faculty of Law, TU.
