LEGAL PROBLEMS RELATED TO PROCEDURES OF THE CONSTITUTIONAL COURT
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Abstract
This article, these cases are related to the Constitutional legitimacy of the amended draft Constitution; people’s petition filing for the Constitutional Court to adjudicate cases; granting provisional measures prior to the decisions of the Constitutional Court; action or enforcement to be in accordance with the decisions of the Constitutional Court; and the contempt of the Constitutional Court.
The technique of qualitative research was conducted using documentary research.
In order to obtain findings will be used as guidelines for procedures of the Constitutional Court in a more appropriate and clearer manner in the future.
Findings show guidelines for the researcher is of an opinion that Thailand should have provisions and regulations regarding the procedures of the Constitutional Court in a clearer manner in various matters. This can be used in the procedures of the Constitutional Court in a more appropriate and clearer manner. It can also be used as the principles for accurate practice and in consonance with the true intent of the Constitution of the Kingdom of Thailand.
The amendment of the Organic Act on Procedures of the Constitutional Court and the Rules of the Constitutional Court on Procedures of Constitutional Court as follows.
- Recommendations in regard to the Organic Act on Procedures of the Constitutional Court and the Regulations of the Constitutional Court are as follows. Criteria, methods, and procedures of the Constitutional Court should be improved or amended to be truly efficient in order to be used as the principles for practice in a more accurate and clearer manner.
- An improvement or amendment should be in the issues of the Constitutional legitimacy of the amended draft Constitution; people’s petition filing for the Constitutional Court to adjudicate cases; granting provisional measures prior to the decisions of the Constitutional Court; action or enforcement to be in accordance with the decisions of the Constitutional Court; and the contempt of the Constitutional Court.
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References
Nantawat Boramanan. (2005). The Constitutional Court compares. Bangkok: Office of the Constitutional Court.
Banjerd Singaneti. (2017).General knowledge about the Constitutional Court. (2nd edition). Bangkok: Winyuchon Publication House.
Suraphon Nitikraipot and others. (2003). The Constitutional Court and its duties according to the Constitution. Bangkok: Winyuchon Publication House.
Constitution de 1958, Titre VII Le Conseil constitutionnel Quoted in Nanthawat Boramanan, (2006). Translation of the Constitution of the French Republic of 1958. (2nd edition). Bangkok: Winyuchon Publication House.
D. Merten. Rechtsstaat und Verfassungsgerichtsbarkeit. DVBI, 1980 Quoted in Nanthawat Boramanan, (2005). The Constitutional Court compares. Bangkok: Office of the Constitutional Court.
Gesetz Uber das Bundesverfassungsgericht vom 12. März, 1951 Quoted in Vorajate Pheerat, (2003). Methodology of the Constitutional Court: A Comparative Study of Cases of Foreign Constitutional Courts and Thai Constitutional Courts. Bangkok: Winyuchon Publication House.
Relevant Thai Laws
Constitution of the Kingdom of Thailand, B.E. 2540 (1997).
Constitution of the Kingdom of Thailand, B.E. 2550 (2007).
Constitution of the Kingdom of Thailand, B.E. 2560 (2017).
The Organic Act on Procedures of the Constitutional Court, B.E. 2561 (2018).
The Rules of the Constitutional Court on the Procedures of Constitutional Court, B.E. 2562 (2019).
Relevant Foreign Laws
Geschäftsordnung des Verfassungsgerichtshofs of Austria.
Rule of Procedure of the Federal Constitutional Court.
Constitutional Court Act of South Korea.
Le Conseil Constitutionnel.
