Redundancy in the Consideration of the Case Filed Direct to the Constitutional Court: A Case Study of the Constitutional Court Order No. 68/2562

Abstract

Although the grounds leading to the submission of the constitutional complaint are an administrative act but if there is no lawsuit filed to the administrative court, therefor, there is no way the court may see nor the counterparty may oppose along with the reason that the provisions of the law that will apply to the case are inconsistent with the constitution according to the Constitution of the Kingdom of Thailand, section 212. Whilst the ombudsman's decision that there is no discrimination on the basis of gender which cause an issue on the constitutionality that the matter with the opinion shall be proposed to the constitutional court under section 231 (1) of the constitution. The complainants, therefor, have no any other way to remedy their constitutional rights. The decision of the constitutional court to dismiss the constitutional complaint by referring to the provisions of the Procedure of the Constitutional Court Act B.E. 2561, section 47 (2), was not quite accurate. However, if the constitutional court considered that the complaint lack of important that shall be given a decision. The constitutional court shall refer the provisions of the Procedure of the Constitutional Court Act B.E. 2561, section 46 paragraph three, in conjunction with section 48 paragraph four, as a reason for refusing to decide the case. Furthermore, if rules or guidelines regarding the subject matter that shall be given a decision by the constitutional court were established, it would greatly reduce the workload of the constitutional court as well as being consistent with the principle of legal certainty.