A COMPARATIVE STUDY OF STRUCTURES, POWERS, AND DUTIES OF THE CONSTITUTIONAL COURT OF THE FEDERAL REPUBLIC OF GARMANY AND THE KINGDOM OF THAILAND

Abstract

Objectives of this research article were: 1. To study the concept of constitutionality of the law, 2. To study the structure, the origins of the judges of the Constitutional Court of the Federal Republic of Germany and the Constitutional Court of the Kingdom of Thailand. 3. To study and comparative analysis of the origins of the judges of the Constitutional Court of the Federal Republic of Germany and the Constitutional Court of the Kingdom of Thailand, conducted by the qualitative research, collected data from documents and related research. Data were analyzed by describing the summary content according to the research objectives.

The results showed that: 1. Legislative bodies must respect the principle of constitutional conformity with the constitution of the law. The parliament that is the representative of people who owned the sovereign power would not violate the law and the constitution that parliament enacted a law which was the action of the legislative branch was an expression of the collective will of the people's representatives. 2. The Federal Constitutional Court of Germany to be eligible to be a judge, must graduated in law and the person must be 40 years old and must be a jurisprudence clearly trained. For the Kingdom of Thailand Judges of the Constitutional Court were not limited to just having to graduate in legal education because the constitution has stipulated that qualified person in political science, public administration who has true expertise in the administration of state affairs. 3. Jurisdiction of the Constitutional Court of the Federal Republic of Germany and Kingdom of Thailand differed according to the political situation of each country, but the main function was to protect the rights and liberties of the people. Federal Constitutional Court of Germany has process to control the constitutionality of the law before and after the promulgation, just like that of the Kingdom of Thailand