Disqualification of minister in case of being sentenced by a judgment to imprisonment under the Constitution of the Kingdom of Thailand (B.E. 2560)

Abstract

This article focuses on the problem of legitimacy, proportionality, including the problem of interpretation of provisions in relate to the disqualification of minister in case of being sentenced by a judgment to imprisonment under section 160 (7) of the Constitution of the Kingdom of Thailand (B.E. 2560) and having been sentenced by a judgment to imprisonment under section 160 (6) in conjunction with section 98 (7), (9) and (10) of the Constitution, including study and analysis of precedent in the decision of the Constitutional Court in order to understand the principles of constitutional interpretation in accordance with intendment of the Constitution. The study includes the law and the facts relating to the case in which the President of the House of Representatives submitted a request to the Constitutional Court to decide the ministership of the Deputy Agriculture and Cooperatives Minister who was accused of having been sentenced by a judgment to imprisonment in Australia in a drug case that leading to the problem of legitimacy, proportionality, including the problem of interpretation of the provisions of this Constitution.