An Adjudication of the Constitutional Court under Section 144 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017)

Abstract

Section 144 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) prohibits members of the House of Representatives to motion to alter or add an item or amount in an item to the appropriations bill. It also forbids any proposal, submission of a motion, or commission of any act, which may result in a direct or indirect involvement by members of the House of Representatives, senators, or members of the ad hoc committee on studying appropriations bill in the use of the budget. Section 144 further specifies sanctions against those who have violated this provision and remedies for the State. The Constitutional Court has a competent jurisdiction to rule on these foregoing matters. Such provision raises critical legal concerns, notably the interpretation of Paragraph 2 and the application of Paragraphs 3 to 6. This article, as a result, studies the principles of public finance law and relevant laws of foreign countries and, therefore, recommends amending Section 144 of the present Constitution by prescribing the same principle as those enshrined in Section 180 of the Constitution of the Kingdom of Thailand, B.E. 2540 (1997) and Section 168 of the Constitution of the Kingdom of Thailand, B.E. 2550 (2007), which is seen as the most suitable solution.