LEGITIMACY ESTABLISHMENT FOR CONSTITUTIONAL COURT JUDICIARY RECRUITMENT PROCESS

Abstract

          This article is aimed 1) to illustrate the legitimacy problems in constitutional court judiciary recruitment process, and 2) to propose a judiciary recruitment model for its legitimacy establishment. This is a qualitative research gathering data via documentary researching and in - depth interviewing. The samples include 14 key informants which are former prime - minister, the head of the parliament, members of the house of representatives, medias, Political Science and Law academics. Applying Descriptive Analysis method, the data have been analyzed. The research result indicates that; 1) Legitimacy problems of Thai Constitutional court included some judiciary has not connected to people’s sovereignty, lacking of proper involvement from political party in judiciary recruitment process, and the senate – the approval agent - has not rightly connected to people’s sovereignty.2)Legitimacy Establishment for Thai Constitutional Court Judiciary Recruitment Process ought to be aligned with core concept of the Parliamentary Monarchy system which the parliament plays significant role in political activities. Therefore, the judiciary recruitment process must highly pay respect to such principle by allowing parliament representatives - as political stakeholder - adequately share balance in recruitment committees, all judiciary candidates must fairly go through this committees, and once the recruitment is done, the selected candidates must be approved by senates, as a branch of the parliament.