read every word The personal opinion, ‘Nopadol’, 1 out of every 3 minority votes, noted that ‘Prayut’ has been sitting as prime minister for 8 years.

from the case of the Constitutional Court Sitting on the throne, read the majority decision 6 to 3 votes the position Prime Minister of General Prayut Chan-ocha The Prime Minister has not completed 8 years as prescribed by Article 158, paragraph four of the Constitution, because it states that the term of office of the prime minister has been counted according to the promulgation of the 2017 constitution, so Gen Prayut will return to act as Prime Minister from now on.

Most recently, on October 4, reporters reported that Personal opinion Noppadon Theppitak Mr Judges of the Constitutional Court, 1 out of every 3 minority judges who ruled as minister of the Prime Minister Gen. Prayut to the end of the 2017 constitution and completed 8 years on August 24, 2022, stating in one part that those considerations The position of Prime Minister of the respondent under the Constitution of the Kingdom of Thailand (Provisional) BE 2557 under the constitution, section 158, paragraph four?

He is of the opinion that the “Prime Minister” according to the Constitution of the Kingdom of Thailand in all previous editions of the BE The King exercises executive power through the Cabinet. and has the power to appoint a prime minister and a number of other ministers who comprise the Cabinet The Cabinet is in accordance with the constitution and other laws. acting with The Cabinet to manage the land is the Prime Minister.

Despite the fact that the Constitution of the Kingdom of Thailand (Provisional) BE 2557, Section 19 will stipulate that the King appoints the Prime Minister in accordance with the decision of the National Legislative Assembly. and the President of the National Legislative Assembly countersigning the Royal Command It is not different from Section 158 of the Constitution of the Kingdom of Thailand BE and the President of the House of Representatives countersigning the Royal Command. Because the Constitution of the Kingdom of Thailand (Provisional) BE 2557, Section 6, paragraph two, stipulates that the National Legislative Assembly acts as the House of Representatives, the Senate and the National Assembly.

The Constitution, Section 158, Wor Ror 4, is set out in the same way as the Constitution of the Kingdom of Thailand 2007, Section 171, paragraph four, which states that the Prime Minister is prohibited from holding office for more than 8 years with the aim of limiting the power of the state. prevent the monopolization of political power which can lead to various effects Significant to the democratic system of government with the King as Head of State and the rule of law which affects the rights and freedoms of such people The constitution stipulates so The “time condition” in the exercise of an executive power is not used for more than a certain period of time.

In this regard, the fourth paragraph of the Constitution, section 158, has limited the term of office of the prime minister to be more strict and clear. Therefore, the Prime Minister of the UK is about to hold office unite it cannot be longer than 8 years

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In this regard, the principle of limiting the period of time in the office of the Prime Minister has been applied to the government of the country since the Constitution of the Kingdom of Thailand BE 2007, section 171 paragraph four and in accordance with the Constitution of the Kingdom of Thailand BE 2560, paragraph section 158. Fourth, even according to the Constitution of the Kingdom of Thailand (Provisional) BE 2557, there will be no specific provisions to limit the length of the Prime Minister’s office.

But because the principles of the interim constitution are short and concise. Provisions and Exclusions Therefore, there are no clear details. but it appears in section 5, paragraph one, which states that “When the provisions of this Constitution are not compelled in any way to do so or decide such cases in accordance with the tradition of governing Thailand from under a democratic system of government with the King as Head of State but such governing traditions should not be contrary to or inconsistent with this Constitution.” Therefore, it is considered that the principle of limiting the term of office of the Prime Minister for more than 8 years cannot be considered to continue in existence to this day. The Constitution of the Kingdom of Thailand, BE 2560, Section 158, paragraph four, assuming therefore the exact term of office of the Prime Minister.

Therefore, even if a person is a Prime Minister who does not come under the terms of this Constitution But if in fact such a person holds office under a democratic system of government with the King as Head of State as Head The Council of Ministers is the supreme authority to exercise political power as an executive under the Constitution. does the prime minister have any constitutional origin That person’s term of office as prime minister is in all previous periods so must count Tenure of office under the Constitution, section 158, paragraph four, the position of the responding Prime Minister under the Constitution of the Kingdom of Thailand (Provisional) BE 2557 is, therefore, in the regulations of the Constitution, Section 158, paragraph four.

Consistent with the minutes of the 500th meeting of the Constitution Drafting Committee held on Friday, 7 September 2018, the Constitution Drafting Committee has approved the minutes of the 501st meeting held on Tuesday, 11 September 2018.

But the Constitution Drafting Committee explained that the Constitution Drafting Committee had not reviewed the minutes of the 500th meeting yet, which was inconsistent with the facts. therefore weighing less unable to listen

those considerations The respondent’s opinion is that the fourth paragraph of Article 158 of the Constitution is a legal provision that limits the right of the person to hold the office of Prime Minister. therefore it must be interpreted strictly If there is an intention to include other constitutions as well, that would have to be clearly stated

I see that the 2017 Constitution, section 158, paragraph four, states that the Prime Minister of the UK cannot hold office for more than 8 years. It is a matter of controlling the power of the executive branch. In other words, it is about determining the term of office of the person who is the prime minister. It is not about the rights and freedom of the people. because if it’s about rights and freedom If it’s not banned, it means it can be done. but if for the power of government officials If it does not state that it can be done it would mean that it cannot be done

When the facts were heard, on August 24, 2014, His Majesty the King appointed the respondent to be Prime Minister. according to the Constitution of the Kingdom of Thailand (Provisional) BE 2557, Section 19, issued on August 24, 2014. Subsequently, the respondent held the office of Prime Minister in accordance with the Constitution of the Kingdom of Thailand BE. The administration has been interrupted since April 6, 2017, which is the date on which this Constitution was published and considered the commencement date of the inauguration of the respondent as Prime Minister. And later, after the general election of members of the House of Representatives on March 24, 2019, His Majesty was pleased to appoint the respondent as Prime Minister on June 9, 2019, according to the Constitution of the Kingdom of Thailand, BE 2560, Section 158. The respondent maintains his successive positions since August 24, 2014 to date. The respondent therefore holds the position until the period under Section 158, paragraph four of the Constitution ends.

Consequently, the ministerial status of the respondent’s Prime Minister ceased in accordance with the Constitution, section 170 paragraph two, in conjunction with section 158 paragraph four.

The next thing to consider is that Having ruled that the ministerial status of the respondent Prime Minister has ceased in accordance with section 170 paragraph two in conjunction with section 158 paragraph four, the ministerial status of the respondent Prime Minister ceases when?

He is of the opinion that the 8 year term in accordance with Article 158, paragraph four of the Constitution starts from the first day of office, which is on August 24, 2014, and ends for 8 years on August 23, 2022 Therefore, the respondent’s status as Prime Minister therefore ends on August 24, 2022, in accordance with the order of the Constitutional Court that the respondent ceases to perform duties as Prime Minister from August 24, 2022 due to the facts in according to the application, it appears to be grounds for suspicion under Section 82 of the Constitution, paragraph two

Based on the above reasons therefore diagnosed that The ministerial status of the respondent The Prime Minister has ceased in accordance with the Constitution, section 170 paragraph two, in conjunction with section 158 paragraph four, from the date that the Constitutional Court ordered the respondent to stop performing duties, namely on August 24, 2022.

Noppadon Theppitak Mr
Judge of the Constitutional Court

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