ปัญหาการปฏิบัติตามขั้นตอนการเข้ารับตำแหน่งหน้าที่ทางรัฐธรรมนูญในระบบกฎหมายไทย

Abstract

this article was conducted to study into the constitutional investiture process in order to explore the historical development, purposes, legal conditions, and investiture legality in accordance with the constitution. The study embraces both textual investiture and non-textual thereof. The result indicates that the investiture process is a legal condition requiring conformity of all constitutional bodies. The legal process is mandatory in order to fully allow the officials to take the offices and to exercise the authority. The Constitutional Court has authority to decide the legality thereof if it appears to the court that an infringement of freedom and rights has stemmed from the official power as such. The court also has authority to try any cases relating to the conflicts between the functions of constitutional organs. The inauguration shall be lawfully valid only when the person has delivered the statement as substantially required by the law. The invalidation does not affect the validity of the official actions conducted by the person. With respect to the head of state, nevertheless, the inauguration is not legally required. In addition, the coronation is not also legally required as an investiture process. Hence, within Thai legal regime, the legal investiture process of the head of state does not exist.

Keywords: Investiture, Inauguration