Problems of Status and Hierarchy of Organic Laws under the Constitution of The Kingdom of Thailand, B.E. 2560 (2017)

Abstract

According to the study on the organic laws under the Constitution of The Kingdom of Thailand, B.E. 2560 (2017), it was found that there were regulations governing the bill introduction, consideration and controlling procedures to ensure that the organic laws conform to the constitution, the supreme law, and differ from the acts with regard to the legal status hierarchy. Nevertheless, the constitutional court gave the judgement that the organic laws’ “status hierarchy is equal to the acts”. Furthermore, according to Section 211, the Constitution, 2017, it reads “the ultimate decision has influenced parliament, cabinet, court, independent entities and government agencies”. Consequently, the constitutional court’s judgment is always legally binding. The problems of status and hierarchy of organic laws under the Constitution remains unsolved until a new constitutional court’s judgment is made or the constitutional parts concerning the organic laws’ status hierarchy is amended in order to ensure the problems of status and hierarchy of organic laws are solved clearly.