An Analysis of Problems on the Origin of Written Laws: A Case Study of Thailand
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Abstract
This academic article aims to study the legal status of the Revolutionary Council Announcement and the hierarchy of laws in Thailand. It found that there are many academic debates on the issue of legal status and hierarchy, including: 1. The issue of the legal status of the Revolutionary Council Declaration is considered complete law. It is accepted as a tool for controlling society because the revolutionary announcement used legal authority at many levels. It consists of repealing, changing, amending, and adding laws or enforcement parallel to existing laws so that the enforcement is in line with the intentions of the coup d'état. 2. Legal issues at the legal level are that the Organic Act is a law that expands the details of the Constitution. It has a legal hierarchy higher than or equal to the Act. The Constitution of the Kingdom of Thailand, B.E. 2560, stipulates more complex procedures for making constitutional acts than organic acts, and there should be a higher hierarchy than the General Act. 3. The legal status of a Royal Decree issued under the authority of the Constitution can have legal or hierarchical status as “law” (statutory law level). It must be a royal decree with a Constitutional Court decision because state court decisions are binding on all organizations.
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References
Administrative Justice Research and Development Foundation. (2008). Considerations regarding rules. Administrative Justice Research and Development Foundation. Administrative Court Office.
Bangkok Metropolitan Administration Act B.E. 2528. (1985, August 31). Royal Gazette. NO. 102 Section 115A. Page 1.
Constitution of the Kingdom of Thailand (B.E. 2519). (1976, October 22). Royal Gazette. NO. 93 Section 135A. Page 1.
Constitution of the Kingdom of Thailand (B.E. 2550). (1977, August 24). Royal Gazette. NO. 124 Section 47A. Page 1.
Constitution of the Kingdom of Thailand (B.E. 2560). (2017, April 6). Royal Gazette. NO. 134 Section 40A. Page 1.
Constitution of the Kingdom of Thailand (Temporary edition) B.E. 2549. (2006, October 1). Royal Gazette. NO. 123 Section 102A. Page 1.
Constitution of the Kingdom of Thailand (Temporary edition) B.E. 2557. (2014, July 22). Royal Gazette. NO. 131 Section 55A. Page 1.
Kwanmuang, K., & Saksaeng, S. (2006). New Education: Introduction to General Law. Winyuchon.
Municipality Act B.E. 2496. (1953, February 17). Royal Gazette. NO. 70 Section 14A. Page 222.
Pivawattanaphanit, P. (2004). General Knowledge about Law. Thammasat University Press.
Provincial Administrative Organization Act B.E. 2540. (1997, October 31). Royal Gazette. NO. 114 Section 62A. Page 1.
Pattaya City Administrative Regulations Act B.E. 2542 (1999, November 29). Royal Gazette. No. 116 Section 120A. Page 21.
Phakeerut, W. (2011). General Administrative Law. Nitirat.
Wisarutpit, W. (1997). Theory of Principles of Public Law. In Lecture on master's degree field of law Graduate School, Dhurakij Pundit University, Academic year 1/1997.
Krea-ngam, W. (1987). Constitutional Law. Nititham.
Rattanasakawong, K. (1996). Secondary law of Thailand. Administrative Law Journal, 14. Section 3.
Saksaeng, S. (2006). Problems with Constitutional Interpreters in the Case of The Royal Decree on the Election of Members of The House of Representatives. New Law Journal, 4(73), 52-55.
Saksaeng, S. (2009). The Science of Legal Interpretation. Nititham.
Saksaeng, S. (2016). The Relationship Between the Laws Relating to the Control Administrative Acts and the Internal of Judicial Review Administrative by “Using Control by Solving to Administrative Acts” as Administrative Procedure Act, Liability for the Wrongful Acts of Officials Act and Official Information Act. Sripatum Chonburi Journal, 14(4), 1-8. https://www.chonburi.spu.ac.th/journal/booksearch/upload/1745-Sittikorn.pdf
Saksaeng, S. (2016). Legal status of the Organic Act. In a book dedicated to Professor Sombat Wothong, the Founding Dean of the Faculty of Law, Ubon Ratchathani University.
Saksaeng, S. (2016). The Constitution of the Kingdom of Thailand is not Based Up on the Legal State by the Rule of Law. Chulalongkorn Law Journal, 34(2), 223-242.
Saksaeng, S. (2017). Constitutional Law and Political Institutions. Duan Tula Printing House.
Saksaeng, S. (2017). Administrative Law and Administrative Court Procedure. Duan Tula Printing House.
Sawananon, D. (2002). Political Dictionary: A Manual for Citizen Participation in a Democracy. Window Company to the Wide World.
Setthabutr, N. (2004). Encyclopedia of Thai Politics. Office of the Secretariat of the House of Representatives.
Subdistrict Council and Subdistrict Administrative Organization Act B.E. 2537. (1994, December 2). Royal Gazette. NO. 111 Section 53A. Page 11.