Constitutional Bloc: France’s Experiences and Possible Applications in the Thai Legal System

Abstract

This academic article has the objective to study the experience from the French legal system on arranging the Constitutional Bloc by designing the Constitutional Council as principal organization charging for developing its dynamic constitution-valued principles under the theory of hierarchy of law. The study found that the Constitutional Council draws upon the provisions of the Constitution of the French Republic, which stipulates that the decisions of the Constitutional Council are binding on all institutions, to develop the Constitutional Bloc by including other legal documents as part of the constitutional framework. The experience gained from this approach offers valuable insights that could be adapted to the Thai legal system in cases requiring the interpretation of legal documents that predate the promulgation of the current Constitution, granting them the same status as constitutional law. It could also be applied to the interpretation of legal principles from earlier constitutional texts that are not present in the current Constitution.