The Exceptional Legal System of the Public Emergency Situation in Thailand under the Principles of Legal State
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Abstract
Under the rule of law in a liberal democratic society, the proclamation of a state of emergency and the subsequent exercise of emergency powers are accepted only when it is necessary to resolve the problems in times of crisis for the existence of the state. Every proclamation must be undertaken on the basis of democratic values as well as the rule of law, that is, to guarantee the exercise of the most fundamental human rights. Since the proclamation and the exercise of emergency power may constitute the violation of fundamental human rights and freedom, the international law instruments, such as International Covenant on Civil and Political Rights 1966, the European Convention on Human Rights 1950, the American Convention on Human Rights 1969, as well as the international minimum standards and principles which were put forwards by international bodies concerning the aforementioned Conventions ; e.g. The Paris Minimum Standards of Human Rights Norms in a State of Emergency, The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights 1984, have provided the regulations for a state party including Thailand to operate correctly, during the proclamation of the state of emergency. This research indicates the guidelines in enacting the law of a state of emergency in the United Kingdom, United States of America, French Republic, Federal Republic of Germany, Republic of South Africa and Thailand. It found that the legal system in Thailand does not comply with minimum standards of the international treaties, particularly control of the proclamation of a state of emergency and the implementation period. It is, therefore, recommended that there should be the legislative amendment to be in line with the international minimum standards
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References
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