ลำดับชั้นทางกฎหมายของประกาศคณะปฏิวัติ : วิเคราะห์ตามหลักนิติรัฐ

Abstract

Numerous conflict in Thailand is whether an Announcement of the Revolutionary Council can be counted as the legitimately law or not.  First opinion indicates that the Revolutionary Declaration cannot be deemed as source of law; it becomes void due to lacking of legitimacy.  Another view point is that the Coup becomes the Sovereign and thus its declaration can be deemed as the law.  However, giving that it is deemed as the “law”, we are looking into several hierarchies of its declaration and some of them is tantamount to Constitution, and some is parliamentary act.  Most of the Act can be amended by the National Legislation Assembly process during the Coup Regime. However, it is necessary to find out if the new coming government and parliament can exercise the power to amend or abrogate those “Constitution or Act”or not and if it is proper to follow such approach. These issues become debatable about proper means to do so.  .