The Development of Public Assembly Law

Abstract

The research on the development of public assembly law aims to study (1) investigate concepts, theories, and principles related to the development of public assembly law; (2) explore the legal measures of Thai law, international law, and foreign law on public assembly; (3) analyze the problems of the development of public assembly law; and (4) propose approaches to amendments on public assembly law. This research applied a qualitative research methodology consisting of documentary research, in-depth interview, and focus group discussion.

The findings revealed that according to the use of theories, principles, and concepts in analyzing public assembly, although the Public Assembly Act B.E. 2558 becomes effective, it does not decrease the problems of public assembly against state power among the mass of people. Instead, the problems have been increased over time, which get people into trouble, including damages to life, body, and property, resulting from the act of the assembly promoter and assembly participants Moreover, the problems partially come from the officers in charge of maintaining order of the country, the law-enforcing persons failing to understand the principles of public assembly as well as breach of duty to solve the problems efficiently and effectively. This leads to disturbance of public assembly and sometimes causes violence and chronic problems which are difficult to solve, having impacts on overall nation’s economic system.

Therefore, the researcher would like to propose the development of public assembly law, that is, the draft act for public assembly (No. …) B.E. … consisting of (1) revoking the statements in Sections 21, 22 and 25, and using the statements as specified in this draft act, (2) adding the following statements as Chapter 4/1 as specified in this draft act, and (3) adding the following statements as Chapter 34/1-35/1 as specified in this draft act.