The Legal Problems concerning the Legality review of the Announcements and Orders of the Coup d’etat Council by the Judicial bodies : Specific study of the Coup d’etat on the 22nd May B.E 2557

Abstract

In the matter of legal problem, the issuance and proclaim of the coup d’etat council’s announcements and orders in general would be later on endorsed with legality and constitutionality. This study aims to find out the legal problem analysis pertaining to the scrutiny and examination made by the judicial bodies towards the NCPO’s announcements and orders, particularly focusing on side of the legal problem incurred by provisions upon the constitutions and relevant laws to endorse the legality and legitimacy of them. The dissertation is systematically conducted through and with the study on legal status of the NCPO’s announcements and orders and the analysis on judicial decisions both in the past and those relating to the NCPO. And from the study, it finds that: the existing of provisions endorsing legitimacy and legality of the NCPO’s announcements and orders in accordance with the constitutions and laws is not only affecting to the legal cases directly scrutinized and examined by the court against those announcements and orders, but it is also affecting and causing the shortcomings to cases with requests to scrutinize and examine the acts or orders taken under the NCPO’s announcements and orders on both aspects of the validation and receipt of cases lodged to the judicial bodies and of the application and exercise of the NCPO’s announcements and orders with legal obligations and enforcement. And for those cases fallen under jurisdictions of the court of justice and the military court, the study finds that the courts take the NCPO’s announcements and orders in favor of the criminal punishment given to individuals for granted to be enforced and the defendant in general could not rebut and fight against both the legal status and the constitutional legality and legitimacy of those announcements and orders.