Several Thai legal experts and political scientists have challenged parliament's decision to reject Move Forward party leader Pita Limjaroenrat's renomination as Thailand's prime minister, insisting Rule 41, which was used to justify the decision, cannot overrule the Constitution.
Professor Tongthong Chandransu, a lecturer at the Faculty of Law of Chulalongkorn University, said that he shares the opinion of former constitution writer Borwornsak Uwanno that the Constitution, which is the supreme law of the land, has a higher legal status than parliamentary meeting regulations.
He said that the nomination of candidates for prime minister comes under a separate set of rules, in accordance with sections 159 and 272 of the Constitution.
He added that Chapter 9 of the parliamentary meeting regulations clearly specifies that nomination of a prime ministerial candidate must be seconded by at least one-tenth of the members of the House of Representatives, or 50 MPs, compared to Rule 29 which states that a motion for prime ministerial candidacy nomination must be seconded by at least 10 MPs.
Professor Tongthong also pointed out that the word "motion" cannot be found in sections 157 or 272 of the Constitution.
Professor Chaiyan Chaiyaporn, a political science lecturer at Chulalongkorn University, posted on his Facebook page that, in some European democracies, the prime minister's selection process may take a long time because the same candidate can be renominated over and over again if he or she fails to receive approval from parliament.
Associate Professor Prinya Thaewanarumitkul, a law lecturer at Thammasat University, said that many senators have misunderstood Rule 41, which is in chapter two of the parliamentary meeting regulations.
The rule says that a motion which fails to receive parliamentary approval cannot be resubmitted in the same parliamentary session.
Prinya said that Rule 41 can be applied only for motions submitted under chapter two, which is different from the prime ministerial selection process, which falls under sections 159 and 272 of the Constitution.
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