Constitutional Court: Criticism of Problems and Obstacles of Political Judicial Power in Thai Society

Abstract

The purpose of this academic article is to analyze the problems and obstacles of constitutional court on using the political judiciary during the time where it was in the form of a juridical committee, and then developed to be a legal organization the in the form of the court. The researcher acquired the information through literature review in order to analyze the background of this body, its development, and authority that maintained the supremacy of the constitution, including important problems during the time where it was in the abovementioned forms. The result suggested that 1) the development of body authorized to interpret constitutional laws could be divided into four aspects, i.e., the acceptance of the authority to interpret the laws from the parliament; the mutual authority of the parliament and the judicial committee; the sole use of authority of judicial committee; and the use of authority in the form of the court, 2) the authority could be classified into tree characteristics, i.e., the authority that controlled individuals, organizations, and laws to prevent any actions or legal stipulations contradictory to the constitutional laws, 3) regarding important problems and obstacles, they depended on the form which exercises the authority; during the time where it was in form of a judicial committee, the problems were related to recruitment, organizational structure, term of office, and independency, whilst the problems during the time where it was transformed to a court form were related to qualifications, number of committee members and their background, ethics, and qualification validation process. These problems affected the performance of the duties to protect the constitution.