Comparative Analysis of Controlling Laws Not Contrary or Inconsistent with the Constitution in accordance with the Constitution of the Kingdom of Thailand B.E. 2540, B.E. 2550, and B.E. 2560

Abstract

The constitution holds the status of the supreme law of the country. The constitution holds a higher status than all other laws, and no law shall be contrary to or inconsistent with the constitution to safeguard the sanctity of the constitution, it is essential to ensure that the rights and freedoms of the people are not violated and that the principle of constitutional supremacy is upheld. Therefore, the law must be controlled to ensure it does not conflict with or contradict the constitution. In the control of laws to prevent contradiction or inconsistency with the constitution of the Kingdom of Thailand, each version is different. Therefore, it must be analyzed and compared with the controlling laws that are not contrary or inconsistent with the constitution of the Kingdom of Thailand in B.E. 2540, B.E. 2550, and B.E. 2560. In order to understand the development of each constitution, there are criteria. Methods for regulating laws controlling laws to ensure they do not contradict or conflict with the constitution, which are similar and different.

Differences in controlling laws to ensure they do not contradict or conflict with the constitution were found as follows 1) There is a difference in controlling the draft amendments to the constitution, to ensure it does not contradict the constitution. In the constitution of the Kingdom of Thailand B.E. 2540 and B.E. 2550, there is no direct provision specifying the person with the right to sign in to control such amendments. In contrast to the constitution of the Kingdom of Thailand B.E.  2560 has provided for direct control over draft amendments to the constitution. 2) The control of the draft organic law bill shall not conflict with the constitution. The constitution of the Kingdom of Thailand B.E. 2540, B.E. 2550, and B.E. 2560 has laid down principles for controlling the draft organic law bill, which is similar to controlling the draft law.