Problem of the proportionality of penalties for dissolution of political parties Case of the Constitutional Court decision 3/2562, the dissolution of the Thai Raksa Chart Party

Abstract

On 15 August 2019, a Muslim MP claimed his right to profess his religious belief when passing a resolution. Such action appears to blur the distinction between the capacity of the MP as a representative of his constituency and his personal religious belief. This article seeks to examine whether MPs may invoke their person religious belief as the reason to carry out their parliamentary duties. It will apply the principles of rights, liberties, equality, and the protection from any forms of discrimination as the basis for the analysis.