People Participation Right of Environmental Protection : Right to Take Legal Action.

Abstract

People Participation Right of Environmental Protection: Right to take legal action was prescribed in the constitution. Since the Constitution of the Kingdom of Thailand, B.E. 2560 has come into force, that caused The Constitution of the Kingdom of Thailand, B.E. 2550 be revoked. That caused some principles were canceled such as: the right of a community to take legal action against a government agency to enforce the performance of their duties; the rights of a person and communities in the preservation and exploitation of natural resources and biological diversity and in the protection, promotion and conservation of the quality of the environment for usual and consistent survival in the environment; any project or activity which may seriously affect communities with respect to the quality of the environment, natural resources and biological diversity shall not be undertaken. But the Constitution 2560 did not mention about the right of a community to take legal action in environmental case. It’s only gived the right to manage, maintain and utilize natural resources, environment and biodiversity in a balanced and sustainable manner, in accordance with the procedures as provided by law. After researched we found the right of people participation to take legal action cannot be proceeded because the constitution did not expressly prescribed. Authors believed that right to take environmental case to legal action should be expressly stated in the Constitution because the protection of environmental rights is a fundamental right which is protected by the people participation to preserve the right according to principle of democracy, sustainable development, people participation and cooperation of people.