The Exercise of Freedom of Political Assembly and the Principle of Constitutional Protection under Section 44 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017)

Abstract

This thesis examines issues concerning the protection of freedom of political assembly in relation to constitutional protection principles. Freedom of assembly is a fundamental freedom recognized by constitutions of democratic states, as it is regarded as an expression of the people’s sovereignty and participation in the political process under civil rights in a democratic system. In Thailand, the Constitution provides for the freedom of peaceful and unarmed assembly under Section 44 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). It stipulates that individuals have the freedom to assemble peacefully and without arms, and such freedom may only be restricted by virtue of provisions of the law enacted to maintain national security, public safety, public order or good morals, or to protect the rights or freedoms of others. Therefore, the exercise of the freedom of political assembly is not an unlimited right but one that may be subject to restrictions under the provisions of law. This is in line with the International Covenant on Civil and Political Rights, to which Thailand is a State Party.