The Roles of the Constitutional Court and The Political Development of Thailand from 1997 to 2021

Abstract

        In this research article, the researcher has objectives to study: (1) Origin and structural design of the Thai Constitutional Court from 1997 to 2021; (2) The role of the Constitutional Court under the Constitution of the Kingdom of Thailand and (3) The role of the Constitutional Court affecting the development of Thai politics. This article has used the qualitative research process by collecting data from documented research and in - depth interview from key performance by adopting the concept of judicial activism, the concept of the rule of law, the concept constitutionalism, the concept of rights and liberties and the principle of power separation as a framework for this research.

          The findings revealed that, the purpose of establishing the Constitutional Court is based on the universal principle that the Constitution is the supreme law of the country and ranks higher than all other legal provisions of the state. The Constitutional Court of Thailand has the same structure and powers as the Federal Constitutional Court of the Republic of Germany. which is an institution that acts to settle constitutional arguments having the power to decide specific constitutional cases to serve to protect the supreme law of the Constitution including the creation of norms for the protection of rights and liberties of the people under the Constitution The decision of the Constitutional Court is binding on the National Assembly, the Council of Ministers, and other State organisations. and is considered the ultimate If the ruling is inaccurate, appropriate or fair, the structure of the political society public law system and the nation will decline. But if the Constitutional Court has a correct interpretation, taking into account the intent of the true constitution reasonableness and aware of the feelings of people in general Interpretation leading to strange consequences will not occur. as well as not experiencing a state of disbelief in the judiciary. Therefore, the decision of the Constitutional Court that causes political impact is good or causes a change in political power pairs. would affect and hinder the development of Thai politics. The Constitutional Court must perform an important duty in protecting the supreme law of the Constitution. As a judicial body recognized to protect the rights and freedoms of the people in practice under democratic rule