Selection Process of the Constitutional Court Judges: A Comparative

Abstract

This research aims to select the process of the Constitutional Court Judges and compare legal measures regarding the selection process of the Constitutional Court judges of Thailand and abroad. By researching documents, collecting data from laws, books, journals, theses, research, judgments, and constitutional judgments, such as the Constitution of the Kingdom of Thailand, B.E. 2017., and analyzing data by document analysis.

            The research findings suggest that the process of selecting Constitutional Court judges is of great importance in Germany, Taiwan, and South Korea. Most of them hire individuals with expertise and proficiency in the field of law. During the selection process, the Constitutional Court chooses its judges from a pool of candidates elected by the public. Unlike Thailand, the Constitutional Court does not consider the substance of the dispute when assigning these responsibilities. Furthermore, the Senate, not elected by the public, holds the primary power to establish the judiciary of the Constitutional Court.

            Research findings suggest that Thailand should revise the eligibility criteria for those serving in the Constitutional Court. As to the recent opinion of the Constitutional Court, there exists a correlation across several occupations to ensure equitable and impartial decision-making. The process for selecting Constitutional Court judges should be revised by incorporating legal measures from other countries. This would ensure that the selection process includes individuals who support the appointment of judges to the Thai Constitutional Court, who truly represent the interests of the people.