PROBLEMS RELATED TO THE OBJECT IN CASES EXERCISING THE RIGHT TO PETITION THE CONSTITUTIONAL COURT IN ACCORDANCE WITH SECTION 213 OF THE CONSTITUTION OF THE KINGDOM OF THAILAND, B.E. 2560 (2017): A STUDY OF LEGAL DEVELOPMENTS FOR APPLYING CONSTITUTIONAL COMPLAINTS IN THAILAND

Abstract

Section 213 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) stipulates the right given to individuals to petition the Constitutional Court to counter “the act(s)” incurred from state authority exercise of power violating their rights and liberties, regardless of requirements or limits made on the object of the case. By specifying only the conflict or objection to the constitution, this differs from stipulations in the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) and the Constitution of the Kingdom of Thailand, B.E. 2550 (2007). And thenceforth it provides certainty of enforcement and facilitation of rights and liberties incurred under the constitution. In addition, considerations on the Organic Act on Procedures of the Constitutional Court, B.E. 2561 (2018), in terms of requirements and procedures designed as a follow up to Section 213 of the Constitution, reveal many limits and challenge to the scope of the object of cases exercising the right to petition the Constitutional Court, in accordance with Section 213. It should be considered whether this is in conflict with, or violating, the constitutional complaint system. In a similar way, stipulations in the Constitutions of the Kingdom of Thailand, B.E. 2540 (1997) and B.E. 2550 (2007) should be evaluated, to see how to protect and ensure individual rights and liberties under the Constitution in terms of the exercise of State public power. This article studies legal developments in Thailand relating to the right to petition the Constitutional Court by individuals whose constitutionally guaranteed rights and liberties have been violated, focusing on problems relating to the object of the case for exercising the right to petition at each significant stage of legal development.