Submission a Petition for Introducing the Law to the Constitution of the Kingdom of Thailand, B.E. 2560 (2017)

Main Article Content

จเร พันธุ์เปรื่อง

Abstract

The Constitution of the Kingdom of Thailand, B.E. 2560 (2017) requires eligible voters of not less than ten thousand in number may entering their names for introduction a law and persons having the right to vote of not less than fifty thousand in number under the law on the public submission of a bill may entering their names for an amendment of the Constitution. But at this time, the rules and procedures for such submission of a bill shall be implemented in accordance with the Act on Submission a Petition for Introducing the Law, B.E. 2556 where described methods to promote and support for submission, inspection, announcement and objection inconsistent to the provisions of the public submission of a bill, that is not consistent with the current situation.Therefore, in order to exercise the right to submission a petition for Introducing the Law by voters subject to the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), it is for promotion of direct political participation of the people. It is necessary to revise the law on submission a petition for introducing the law and prescribe that the Secretariat of the House of Representatives shall assist the initiator in proposing laws to draft laws, give an academic opinion, conduct consultation with stakeholders, analyze any impacts that may occur from the law thoroughly and systemically, and should also disclose the result of the consultation and analysis to the public in accordance with Section 77 of the Constitution.The Secretariat of the House of Representatives should be the center for collecting and inspecting the names who submit a petition to introduce a bill and also requires the King Prajadhipok’s Institute to support the Secretary of the House of Representatives for initiative process. In addition, the rules of procedure of the House of Representatives and the rules of procedure of the Parliament need to be amend in order to stipulate that the representatives from the name for introduction a law shall be consisted of the ad hoc committee for the law consideration. Where there are several proposals of the same principle for introduction a laws or amendment of the Constitution, the House of Representatives or the National Assembly shall use the draft bill where the public has proposed as a basis for consideration due to the importance of exercising the right to directly public participation in politics.

Article Details

Section
บทความวิจัย (research article)

References

Carlo Casonato and Jens Woelk. (2008) The Constitution of the Italian Republic, Faculty of Law Department of Legal Sciences University of Trento, Retrieved February 15, 2019, from http://www.jus.unitn.it/ dsg/ pubblicazioni/ costituzione/costituzione%20genn2008eng.pdf

Federal Council. (2018). Federal Constitution of the Swiss Confederation of 18 April 1999. Retrieved February 15, 2019, from https://www.admin.ch/opc/en/classified-compilation/ 19995395/ index.html,.

Nitinun Srimaek. (2017) Direct Political Participation of the People: A Study of the Problems of Legal Proposal by the People, office of Legal Reform.

Secretariat of the House of Representatives Committee to study the guidelines for the amendment of the constitution.(2006) Guidelines for the Amendment of the Constitution, Legal Nomination by the People, Bangkok: Office of the Secretariat of the House of Representatives.

Sittikorn Saksang. (2016) a study of granting citizens’rights to propose legislation of the Federation Republic of Germany, United States of America, Swiss Guidelines for the Future of the New Constitution, Surat Thani Rajabhat Journal, 3 (1) 71-104.

Talawadee Barikul.(2009). Public Participation Dynamics: From the Past to the Constitution of the Kingdom of Thailand, 2007. 1st edition. Bangkok: A.P. Design and Printing Company Limited,.

Wanida Saengsanphan.(2000) Legal proposal by the people. Master of Laws Thesis Thammasat University.