The analysis of the Establishment and Termination of Thai political parties under the Organic Act on Political Parties B.E. 2560

Abstract

This article aims to examine the establishment and termination of Thai political parties under the Organic Act on Political Parties B.E. 2560, while providing guidelines for their establishment and termination. The study follows a qualitative research approach, analyzing relevant documents and employing descriptive analysis. The findings reveal the following:
1) The Organic Act on Political Parties B.E. 2560 introduces provisions that unintentionally make the formation of political parties more challenging, particularly for small parties that struggle to recruit members and secure initial funding and party dues as required by law, 2) The Organic Act on Political Parties B.E. 2560 establishes causes and conditions for political party dissolution, making it both easy and difficult to implement. Dissolutions often result from minor or technical issues or failure to comply with specified timeframes, unlike foreign countries that focus on dissolving parties with significant implications for governance or territorial stability, and 3) Guidelines for the establishment and termination of political parties include ensuring that party founders are prepared in terms of membership, finances, and adherence to legal conditions. Strict implementation of dissolution measures is necessary due to the political rights deprivation faced by party members. However, the state should consider employing measures less severe than party dissolution. Dissolutions should be reserved for severe causes, supported by reasonable grounds and sufficient evidence against the accused party. This study provides valuable insights and suggestions for improving the processes of establishing and terminating political parties, advocating for stricter adherence to legal conditions while reducing the grounds for party dissolution to only significant causes.