The Right of the Royal Family Members to Hold Political Office according to Thai Constitutional Court Ruling No. 3/2562 (2019)
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Abstract
The Constitutional Court of Thailand delivered a verdict on March 7, 2019 ordering the dissolution of the Thai Raksa Chart Party for nominating Princess Ubol Ratana as its prime ministerial candidate, citing customary law. However, this decision contained two problems in legal method: prioritizing customary law over constitutional provisions; and failure to prove elements of customary law. In addition,
this ruling also implied that Royal Family members closely related to King, even those who had renounced their royal titles, could no longer hold political office. This decision changed the rule regarding the right of the Royal Family to hold political office in the Thai constitutional system and rendered ambiguous the degree of closeness to the King which blocked access to political office under this ruling.
This article analysed related issues in the court’s legal method and the effects of the court decision. The Findings suggest that rules about rights of the Royal Family to hold political office should be clearly stated in the Constitution.
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