PROTECTION OF CONSTITUTIONAL RIGHTS AND LIBERTIES THROUGH THE CONSTITUTIONAL COURT

Abstract

 This article aims to study protection of constitutional rights through the Constitutional Court of Thailand, including rights or liberties guaranteed by the Constitution and jurisdiction of the Constitutional Court on protecting the constitutional rights and liberties. From the study, it is apparent that the Constitution of the Kingdom of Thailand B.E. 2560 (2017) is reformed on guaranteeing and protecting rights and liberties more inclusively by recognising that protection of rights and liberties are the principle, while the restriction and limitation thereon are exceptions, and prescribing the duties of the State towards people. In addition, the Constitution prescribes the jurisdiction of the Constitutional Court relating to protect rights and liberties on any act, including reviewing the constitutionality of legislations under section 148 section 212 and section 231 (1), adjudicating constitutionality of actions, which rights or liberties of any person guaranteed by the Constitution are violated, under section 213, and adjudicating the duty of state under chapter V duties of the state under section 51 of the Constitution. However, provisions of the constitution and related organic acts and acts on guaranteeing and protecting rights and liberties are unclear and broadly; moreover, there are several problems on limitation to the Constitutional Court, unnecessary and unclear procedure, lacking of time limit on the Constitutional Court and related state agencies procedure. These lead to the effect of enforcing the Constitution and laws, causing problem of protection of rights and liberties through the Constitutional Court. In order to solve these problems, the Constitution and related laws should be amended for guaranteeing, and protecting rights and liberties more clearly and appropriately, reducing the limitation from bringing the case to the Constitutional Court and unnecessary procedure, and prescribing time limit on the Constitutional Court and related state agencies procedure. Moreover, the interpretation of the Constitution and laws should be reviewed for consistency standard.