The The people and the community shall have the right to follow up and urge the State to perform such act with constitution of the kingdom of Thailand (B.E.2560 (2017))

Abstract

ABSTRACT

         The Constitution of the Kingdom of Thailand B.E. 2560, Section 51, provided that the rights of people and communities to monitor and accelerate the government to take action. As well as suing the relevant government agencies for themselves or the community to benefit from the performance of their duties according to the constitution. And rules and procedures have been specified in the Organic Act on Procedure of the Constitutional Court B.E. 2561 (2018). Section 45 persons or communities that are damaged by failure to perform their duties. Or the performance of duties is incorrect, complete, or is undue delay Shall have the right to submit a request to the court to make a ruling in accordance with the rules and procedures provided However, such actions may have to face problems in the interpretation of the scope of duties of the state that "the state must act", but the actions here are limited. Must be done at what level or meaning how much? The principle of drafting the duties of the state is to "allow the state to act in order to improve the well-being of the people", not just the state policy of doing or not doing it with a "abstract" nature. More than "the state must act"

         Therefore, the provisions of section 51 together with the provisions of each section that describe the duty of the state regarding the rights of people and communities to monitor and accelerate the state to take action as well as suing the government agencies. Requiring the government to use or arrange for the utilization of natural resources Must therefore consider the principles of respect for the rights and liberties of people and communities in accordance with "Human rights" and consider the actions of the state concurrently to maximize benefits to law enforcement.