The Analysis of Rights and Liberty in the Constitution: A Comparative Study Between the Constitution of Kingdom of Thailand B.E. 2550 and B.E. 2560

Abstract

                 Rights and liberties of the Thai people in accordance with the provision of Constitution of the Kingdom of Thailand 2017, regarding the protection of rights and liberties and conditions for restriction of rights were added. Meaning that must not affect or threaten the stability of the state, must not affect public order or that good morality of people and must not violate the rights and liberties of others’. If the exercise of rights and duties in such a way, it shall lead to a restriction of rights and liberties. Regarding the enactment that restricts the rights and liberties of the people, the Constitution provides rules for the enactment the legislative branch in accordance with the conditions established by the Constitution. In the event that conditions are not stipulated, legislation in contrary with the rule of law and does not unreasonably increase the burden or limit the rights or liberties of persons. It shall not affect the human dignity of a person and must state the reasons and necessity rights and liberties that are restricted. Finally, enactment must be applied in general. Some of the rights and liberties of the people in the Constitution B.E. 2550 are defined in the restriction of rights and liberties in the Constitution B.E. 2560, for example, education and public health are identified as a state duty.