LEGAL MEASURES REGARDING DISSOLUTION OF POLITICAL PARTIES AND THE REVOCATION OF THE RIGHT TO RUN FOR ELECTION THE PARTY EXECUTIVE COMMITTEE BY THE CONSTITUTIONAL COURT

Abstract

This research article aims to examine the concepts, theories, previous studies, and legal measures concerning the dissolution of political parties and the revocation of electoral rights of political party executives as adjudicated by the Constitutional Court of the Kingdom of Thailand under the 2017 Constitution, in comparison with international practices. The study is based on documentary research, including legal provisions, academic textbooks, scholarly articles, and electronic media. A qualitative research methodology was employed, with data collected through focus group discussions and in-depth interviews with key informants, including academics, legal scholars, political party executives, members of the House of Representatives, and members of the public. The findings reveal four significant issues: 1) The Constitutional Court’s rulings on party dissolution do not align with the principle of proportionality; 2) The revocation of electoral rights of party executives without considering individual circumstances is inconsistent with the principle of individual criminal responsibility, which is fundamental in criminal law; 3) The interpretation of election laws that imposes absolute liability on party executives for the actions of others, without the possibility of rebuttal, contradicts the rule of law; and 4) The practice of dissolving political parties by the Constitutional Court does not conform to international standards, particularly the guidelines adopted at the 21st Bureau Meeting of the World Conference on Constitutional Justice (WCCJ). Based on these findings, the study proposes amendments to Section 211 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and to Chapter 7 (Sections 132, 134, 138, and 140) of the Organic Act on the Election of Members of the House of Representatives B.E. 2561 (2018), to enhance the efficiency, transparency, and fairness of governance in Thailand.