PROBLEMS ON ISSUING ORDER OF EXECUTION IN CONSTITUTIONAL COURT DECISION

Abstract

This article examines the problems on issuing order of execution in Constitutional Court Decision under the provisions of the Constitution and the relevant provisions of the law and comparative analysis of the forms of foreign case study for propose guidelines for the development of the ruling of the Thai Constitutional Court. This is a major issue of the constitutional justice process, as it gives the constitutional court authority for the first time and the Constitutional Court has imposed two previous rulings: Constitutional Court Ruling No. 2-3/2020 ruling and Constitutional Court Ruling No. 4/2020. Because of this problem, this article uses the method of studying the idea of establishing the Constitutional Court, Duties and Powers of the Constitutional Court, concept of the issuing order of execution in Constitutional Court Decision, and comparative studies to determine whether other countries, such as the Federal Republic of Germany, have set out the guidelines for an widely to determine which organizations or individuals to comply with and how to comply with the order of execution. However, the case of the Republic of Austria will be the case that are narrowly defined only the organs and person to comply with the order as the Court of Justice or the President.  However, the case of the Republic of France has relied on other measures to replace the execution by the form of a ruling in various ways under the reservation of interpretation. The results of the analysis showed that the determination of the Thai Constitutional Court in both rulings also had point with the type of case that the Constitutional Court could issuing order for execution. In issue of the case regarding the constitutionality of the law or the draft law and the determining issue of the case for decision. The second issue of result is the scope of the issuing order of execution in Constitutional Court Decision as both in determining whether or not to perform or not, and determination of conditions or time conditions. According to the comparative comparison of foreign case studies, although the Constitutional Court of Thailand has adopted the current form and guidelines of the Federal Republic of Germany, this article proposes that the Constitutional Court o Thailand consider applying the form of the Republic of Austria in the event that another court shall take action in the event that the court imposes a mandatory term in the manner of compensation or assign Head of Execution to force against the state organs or the adoption of a form of the case of the Republic of The Republic of France in the interpretation to balance the power among the state organizations under the interpretation of the Constitutional Court.

Keywords Problems, Order, Decision, Constitutional Court