ProblemProblems of the Democratic Legitimacy of Constitutional Court under the Constitution of the Kingdom of Thailand 2017s of the Democratic Legitimacy of Constitutional Court under the Constitution of the Kingdom of Thailand 2017

Abstract

The purpose of this article was to study the democratic legitimacy of the Constitutional Court of the Kingdom of Thailand under the Constitution of the Kingdom of Thailand 2017. Democratic legitimacy was theoretically examined, focusing on the issue of high-level state organization along with related constitutional court establishment theory. We can know the level of democratic legitimacy of constitutional court by considering the selection of constitutional judges and then we will know that “Is the establishment of constitutional court according to democratic principles” by measuring the constitutional court’s democratic legitimacy level.

            Results were that in Thailand, selecting constitutional judges for the Constitutional Court under The Constitution is done by high-level state bodies and special bodies established or authorized by law through a low level of constitutional court democratic legitimacy. for this reason, the Constitutional Court under The Constitution has shown insufficient democratic legitimacy as a constitutionality control organization organizationally and individually reflecting consistency between the establishment of the constitutional court and the principle of democracy because the selection procedure for constitutional judges under The Constitution is operated to uses organizational power to select judges by low level of organizational and individual democratic legitimacy states body. To resolve this issue, a new constitutional amendment for selecting constitutional judges should be passed to enhance organizational and individual democratic legitimacy levels of attributing power to select constitutional judges for enhancing Constitutional Court of the Kingdom of Thailand democratic legitimacy levels.