Analysis of Legal Status Problems under the Constitution of the Kingdom of Thailand, B.E. 2017

Abstract

This research study is a study of documents regarding the legal status under the Constitution of the Kingdom of Thailand, B.E. 2017, namely, the National Council for Peace and Order announcement and the Organic Act. The study results found that the origins of law and the legal hierarchy in Thailand still need to be revised and clarified. That is, in the case of the Organic Act, the Constitution of the Kingdom of Thailand, B.E. 2017, however, the Constitutional Act has specified to be more special than the Act in the enactment process; it does not specify that the Organic Act has a hierarchy or legal status higher than or equal to the Act; therefore, we will have to wait for the Constitutional Court's decision on direction to take, in the case of announcements and orders of the National Council for Peace and Order (Revolutionary Council Announcement). Although the Constitution of the Kingdom of Thailand has provisions to guarantee three procedures for repeal or amendment, namely, to be made into an Act, to be a Cabinet resolution, and to be an order of the Prime Minister, there is no mention of canceling or amending the orders of the National Council for Peace and Order, which has a status equivalent to the Constitution and remains controversial.