PROBLEM OF SCOPE IN EXERCISING RIGHTS AND LIBERTY IN PUBLIC DEMONSTRATIONS AND THE EXERCISE OF ADMINISTRATIVE AUTHORITY IN THE PROTECTION OF THE INTERESTS OF THE PUBLIC BY LEGAL PROVISIONS IN THAILAND

Abstract

This research is qualitative research study on public assembly law of Thailand and foreign countries in three issues. The first issue is the scope of the use of freedom of public assembly is a peaceful and unarmed assembly in accordance with the rule of law and the principle of freedom which is a general rule, limiting freedom. The second issue is the use of administrative power by the law. The third issue is the power of the court to protect the rights, liberties, public assembly and the examination of the use of administrative power for the protection of public interests. The results of the research are as follows. 1) Public assembly law of foreign countries such as Germany and France is consistent with the rule of law, the principle of general liberty; restriction of liberty is an exception by using advance notice principles. The law of those countries has divided the type of rallies and demonstrations, and there is a classification of assembly. For the laws of Thailand, the principles of advance notification are also used. 2) In exercising the power of the administrative department according to foreign laws, the administrative department does not have the power to consider the assembly authorization. Regarding the laws of Hong Kong Special Administrative Region and Thailand, the government has the power to determine whether to allow or not to allow a rally. Not giving advance notice to the administrative department if illegal under the law of public assembly and the administrative department has the power to prosecute according to the law. 3) The jurisdiction of the courts for the protection of rights, liberties, public assembly

and the examination of the use of administrative powers for the protection of public interests according to the law of France and Germany are a dual court system. It is the power of the administrative court because it is considered an administrative order having an impact on freedom. In England and the United States, it is the single court system therefore the jurisdiction of the Court of Justice, but a verdict of the Court has been adopted regarding administrative rules. The findings of this research suggested that the government should use the principle of advance notice without conditions in the exercise of discretion of the administers. If the public assembly has violated, the administrative department can enforce the law immediately.  Thus, the use of freedom of public assembly and protect public interest are supported similar to the principles of many countries and the jurisdiction of the law of the public assembly should belong to the court of justice in accordance with the national court system.