Some Observations in the Case Concerning Duties and Powers of the House of Representatives, the Senate, the Parliament, the Cabinet or the Independent Organizations under the Constitution of the Kingdom of Thailand B.E. 2560 (2017), Section 210, Paragraph One (2)
Keywords:
Duties and Powers, Decision and Order, Constitutional Organization, The Constitution of the Kingdom of Thailand B.E. 2560 (2017)Abstract
This academic article is a result from a study of some problems in the cases concerning duties and powers of the House of Representatives, the Senate, the Parliament, the Cabinet or the Independent Organizations under the Constitution of the Kingdom of Thailand B.E. 2560 (2017), Section 210, Paragraph one (2) to provide some observations relating to the qualified person to file case and condition for exercising rights to the Constitutional Court.
According to the result, the study found that the current Constitution stipulates clearer than previous constitutions that constitutional organizations shall be entitled to file a case to the Constitutional Court. Nevertheless, some problems arise from issues concerning the performance of duties and powers of the Nomination Committee of the constitutional organizations which are its authoritative body. The current Constitution and the Organic Act on Procedures of the Constitutional Court B.E. 2561 (2017) fail to provide relevant details in this regard. In comparison with The Basic Law for the Federal Republic of Germany and the 1951 Federal Constitutional Court Act, the result found that these laws addressed the a problem of exercising powers of the constitutional organization’s authoritative body established directly by the Constitution to exercise the state powers by enabling such authoritative body to file a case for the Constitutional Court’s consideration. In addition, such laws provided definitely prescription and conditions for exercising rights in details. On the other hand, Thailand’s Constitution and such law fail to contain prescription and stipulate merely conditions for exercising rights in some cases.
The author suggests that the Rules of the Constitutional Court can elaborate the qualified person to file a case and conditions for exercising rights to the Constitutional Court. Regarding substance of the case relating to an exercise of duties and powers of constitutional organization, the problem can be solved by considering and comparing the pattern of Constitutional Court’s decision and order with the Constitution Court’s applicable decision in the end under context of the current Constitution.
References
2. Bundesministerium der Justiz und fur Verbraucherschutz [Online]. Available from: https://www.gesetze-iminternet.de/englisch_gg/englisch_gg.pdf. Retrieved 26 October 2018.
3. Bundesverfassungsgericht [Online]. Available from: https://www.Bundesverfassungs
gericht.de/SharedDocs/Downloads/EN/Gesetze/BVerfGG.pdf?blob=publicationFile&v=2 Retrieved 26 October 2018.
Federal Constitutional Court Act. 1951 (Bundesverfassungsgerichtsgesetz - BVerfGG)
4. H. Simon. 1994. Handbuch des Verfassungsrechts der Bundesrepublik Deutschland. Verfassungsgerichtsbarkeit. nBenda/Nathofer/Vogel
5. The Select Committee for Political Reform. National Legislative Assembly. 2007. Opinion Report on the Draft Constitution of the Kingdom of Thailand B.E. .... Bangkok: Bureau of the Senate Secretariat 1 Acting Secretary-General of the National Legislative Assembly
6. The Select Committee for Record of Intension, Archives and Minutes, Constitution Drafting Committee. 2007. Intension of The Constitution of the Kingdom of Thailand B.E. 2550. Bangkok: Commissioner 3. Office of the Secretary of the House of Representatives.
7. The Constitutional Court of the Kingdom of Thailand [Online]. Available from: https://www.constitutionalcourt.or.th/occ_web/download/article /article20180223095050.pdf Retrieved 26 October 2018.
8. Singkanetthi Bancherd. 2012. Basic Principal of The Constitution Concerning the Judiciary and the Federal Constitutional Court of Germany; Seminar handbook title "The role of the Constitutional Court and the German society" organized by the Institute for Policy Studies. Konrad Adenauer Foundation. in collaboration with the Faculty of Law.
9. National Institute of Development Administration
10. Krua-ngam, Visanu. 1987. Constitution Law. 3rd Edition Bangkok: Nithibunakarn.
11. Office of the Constitutional Court. 2012. Basic Law of the Federal Republic of Germany. Bangkok: P. Press Co., Ltd.
12. The Constitutional Court Decision 2/2541 (1998)
13. The Constitutional Court Decision 3/2541 (1998)
14. The Constitutional Court Decision 6/2542 (1999)
15. The Constitutional Court Decision 7/2542 (1999)
16. The Constitutional Court Decision 58-62/2543 (2000)
17. The Constitutional Court Decision 63/2543 (2000)
18. The Constitutional Court Decision 38/2545 (2002)
19. The Constitutional Court Decision 6/2546 (2003)
20. The Constitutional Court Decision 18/2546 (2003)
21. The Constitutional Court Decision 19/2546 (2003)
22. The Constitutional Court Decision 33/2546 (2003)
23. The Constitutional Court Decision 44/2547 (2004)
24. The Constitutional Court Order 40/2551 (2008)
25. The Constitutional Court Order 23/2553 (2010)
26. The Constitutional Court Order 1/2561 (2018)
Downloads
Published
How to Cite
Issue
Section
License
Articles published are copyright of local law and society journals. Faculty of Law Surat Thani Rajabhat University
Content and information in articles published in local law and society journals It is the opinion and responsibility of the author of the article directly. which the journal editor It is not necessary to agree or share any responsibility for articles, information, content, images, etc. published in local law and society journals. It is the copyright of the local jurisprudence journal. If any person or entity wants to distribute all or part of it or to take any action must have prior written permission from the local jurisprudence journal only.
