Dissolution of Political Parties According to the Thai Legal System

Abstract

          This study aims to analyze rules and procedures for the dissolution of political parties in Thailand in comparison with those in foreign countries to provide some suggestions for generating a suitable pattern for the dissolution of political parties in Thailand.

          According to the finding, the Constitution of The Kingdom of Thailand (B.E. 2560 (2017)), the Organic Act on Political Parties B.E. 2560 (2017), and the Organic Act on Election of Members of the House of Representatives B.E. 2560 (2017) prescribe 23 causes that can lead to a dissolution of political parties. The problem is that these causes are set out as broad criteria for the dissolution of political parties, leading to a broadly-made decision on the dissolution of political parties by the Constitutional Court. This impacts the essence the democracy and the exercise of the right and freedom to form a political party, which is fundamental to people under the democratic system. Compared with Germany, France, Turkey, and Chile, the researcher views the causes of the dissolution of political parties should be narrowly set out as criteria, while the Constitutional Court is still the correct entity for determining cases on the dissolution of political parties with highly limited power.

          For suggestion, the dissolution of political parties should be made specifically for severe cases. Two circumstances that impact the fundamental principles should be explicitly prescribed in the Constitution: a political party performs an act in a subversive or hostile manner to the constitutional monarchy. Also, the measure of “ordering to quit the act” should be used as a substitute for the dissolution of political parties for moderately severe cases. The termination of political parties should be in the case where a political party terminates itself according to the regulations. Other cases are viewed to be abolished to protect the people’s freedom of consolidating as political parties.