The Thailand’s Constitutional court: Review before reform

Abstract

     Thailand’s Constitutional Justice has been developing since ๑๙๔๖ in the form of Quasi-judicial organization which is called ‘Constitutional Council’. The primary jurisdiction and authority of the Constitutional Council was to control the constitutionality of laws, including other additional authorities arisen from the development of Thai politics in a past era. In ๑๙๙๗, the Constitution Drafting Commission enhanced the legality of the Constitutional Council, by granting full judicial authority and proclaiming the Council to be the Constitutional Court, until the present time.

     The role of Constitutional Court in the Rights and Liberties protection in Thailand has been significantly developing from the past. Especially, the protection of rights and liberties of individuals by Constitutional Court as specified in the ๒๐๐๗ Constitution. The rights and liberties, for example, are Equality, Property Rights, Rights and Liberties in Occupation, rights of an individual in a criminal judicial process as well as additional rights and liberties according apart from those prescribed in Constitution by decisions of the constitutional court.

     For a decade of political crisis in Thailand, the constitutional court has been criticizing on its authority and role by public and scholars. This is because the court has jurisdiction over the constitutionality of political institutions which also include the examination and inspection of the exercise power of those institutions. According to this, the constitutional court is now being considered as ‘Actor’ in Thai Politics and requested to review its authority and jurisdiction.

     From the research on the Constitutional Court’s decisions comparing with academic principles and political criticisms, this research has suggested to lower the authorities of the Constitutional Court and to limit exercise power of the Constitutional Court only in rights and liberties protection for individuals through inspection of constitutionality of laws and procedures. Any decision involving political issues should be avoided.
Other authorities should remain as necessary, including any decision regarding legal implications.