Privilages Imposed by Constitutions of the Kingdom of Thailand B.E. 2560

Abstract

This article aims to study on the origins of the concept of privilege, which has been established to protect the rights of the parliament's member while doing their duties such as political debate and voting on law consideration or various measures in the parliamentary process. Due to the study, it was found that the law that relating to “privileges” is included almost of all Constitution law. But when
the author considered about concept of privilege included in Section 124 of
the Constitution of the Kingdom of Thailand B.E. 2560, comparing with the foreign Constitution law, it was found that the provisions under Section 124 are not specified clearly. Consequently, this might not probably be investigated and lead
to the misuse of political privileges, including being contrast with the spirit of the constitution.

  According to the study, the author considers that provisions in Section 124 should be revised and concepts from the foreign Constitution law may be applied in terms of building up a fact-finding committee who can report the situations to the parliament, who  considers the punishment for the member breaking the law as in the British constitution. In addition, the lawmakers may probably be empowered their authority by allowing the parliament to ask questions and request for clarification from the judiciary, as in Laos that allow the legislature to invite the judiciary to explain the facts, aiming all issues being considered carefully. Additionally, if there is an amendment in the issue, this will probably empower
the parliament and its check and balance system would be stronger and verifiable.