Legal Problems in Establishment, Termination, and Dissolution of Political Parties

Abstract

This research aimed to study problems, concepts, theories, laws of establishment, and dissolution of Thai political parties by analyzing and comparing with foreign countries. The research was a mix methods study including the documentary research, survey research, and in-depth interview.  The documentary research was a synthesis of legal documents related to the establishment, termination, and dissolution of Thai and foreign political parties. As the quantitative research, it was conducted from a population of 72 political party members, and officers of the Election Commission on Political Parties and Referendum in a total of 410 people. The research instrument was a questionnaire with 3 parts. The statistics used in this research were the average value, and standard deviation. For the qualitative research, it was a synthesis of legal documents related to Thai political parties and foreign affairs including in-depth interviews with 14 key informants, who were representatives from public and private sectors. The research focused on the analysis of documentary research.

               The results of this research found that the history, political climate, and the nature of the people in the country played an important role in the formation of political parties. In the model country of democracy, political parties are automatically granted status. The coup d'état in Thailand was an important part of the concept and the Organic Act on Political Parties B.E. 2560. The law for the establishment of political parties in Thailand was difficult, to establish the parties, but the termination, and dissolution of political parties was easier than in the foreign countries. In order to make the concept of the law on political parties, it consistent with the theory of the parliamentary system, and the international country to be clear on the interpretation of the law. The appropriate concepts and laws have been suggested as follows: 1. The definition of "Political parties" and "Rules for the establishment of political parties" should be revised to allow people, and political parties as well as to naturally develop in politics. The registration of a political party was one of the people's choices in forming a political party. 2. The state should release the political parties to dissolve according to the theory or the intention of consistent forming with the definition of political parties. The political parties, which were unable to comply with the stipulated conditions by law, may be removed from the political party registration. 3. The political parties were very important political organizations. The dissolution of political parties affected the political system, and the political freedom of the individual. The rules for dissolution of political parties should be empirical, and appropriate as follows: (1) Political parties act to overthrow democracy, (2) Political parties act seriously hostile to democracy. (3) The penalties must be unique.