The Problem of Political Party Dissolution Affecting Thai Political Parties

Abstract

Thailand has specified the reasons for the dissolution of political parties as follows: The Organic Act on Political Parties B.E. The Constitutional Court ordered the dissolution of political parties and political parties merged. The Organic Act on Election of Members of the House of Representatives, 2018. The party leader or party executive committee knew or did not veto the candidates who made the election dishonest. In the case of calling or receiving property to apply for or send applicants Or not apply or not send a candidate so that either party can benefit which is an offense under this election law Even if it's a personal offense But the party leader or the committee did not deter the offense. The Constitutional Court was able to order the dissolution of the party. from the dissolution of political parties under the aforementioned law There is a problem that determines the cause of the dissolution of political parties too much. Some of them are not serious, just minor offenses. or technical reasons or is the cause of non-compliance with the time limit can be judged to dissolve a political party.  Thus, this article aims to study and analyze the problem of political party dissolution affecting Thai political parties. which is a measure that affects the freedom of the people in the activities of political parties The Constitutional Court has the power to order the dissolution of a political party to punish the political party if its leader Political party executive committee or members of political parties exercising their rights and liberties on behalf of political parties to overthrow the government or act to prevent the election from going honestly and honestly or violating the law relating to the preparation of accounts and funding for political parties, which is a process for monitoring the exercise of liberty by political party leaders Political party executive committee and members of political parties within the scope prescribed by the Constitution.  However, the use of measures to dissolve political parties in Thailand is still a problem. because when the Constitutional Court ordered the dissolution of political parties In many cases, it turns out that the results of the order are inconsistent with the protection of freedom and activities of political parties under constitutional law. It also affects the freedom of political activities of individuals in political parties. including the head of a political party and the political party's executive committee Makes the use of political freedom in the democracy of the people cannot truly happen.

        In addition, after the dissolution of political parties Punishment measures to be imposed on party leaders and party executive committees will come in two forms: deprivation of political rights and deprivation of voting rights by cutting down on that political right It prohibits that person from exercising his political rights as required by law. but does not deprive them of the right to vote As for the cut of the right to vote It deprives that person of political rights and prohibits that person from having the right to vote. for that in Thailand, The sole measure of deprivation of voting rights was used to punish party leaders and party executive committee members. which, when considered together with the dissolution of political parties in Thailand is more severe than in other countries by giving the Constitutional Court the power to consider the weight of the action and use measures to cut political rights or measure to cut off election rights as appropriate to the case of the actions of each individual because if it does not appear that that person has participated in an act which is seriously contrary to the law but had to suffer penalties due to the provisions of the law requiring them to be punished which is not caused by one's actions That person should not be deprived of his basic constitutional rights more than necessary.