Abstract:
This thesis is aimed to study the legal consequence to the Principles of the Public law caused by the decision of the Constitution court No.18-22/2555. In this case, the Constitutional Court issued the order, receiving the complaint pursuant to the section 68 of the Constitution on the issue concerning the Amendment of the Constitution on the section 291. Regarding this, the study is to learn the background of the Constitution Court decision, consisting of the said decision, individual judge decisions, concepts, theories as well as relevant legal rules including analyzing consequence to the Principles of the Public law, leading to the suggestion on the approach and solution.The study of basic information as mentioned above has revealed that the said Constitution Court decision might cause the certain consequence, namely, the concepts, theories and the Principles of the Public law in many respects for example, the interpretation of the Constitution and the court jurisdiction, the Principle of the Separation of Power, the theory of the Supremacy of the Constitution and the theory of the Constitution Foundation as well as the legal effect of the recommendation or the order issued by the constitutional court. In order to purpose the Constitution Court in handing down the verdict in accordance with the spirit of the Constitution, the writer consequently suggests the approach in solving the problem resulted from the said court decision, significantly affecting the legal principles, concepts and theories such as in interpreting any provision or wording inserted in the Constitution, the relevant law-interpreting authorities shall construe and interpret provisions of law in the reasonable and comprehensive way and avoid rendering a judgment containing an absurd outcome. The reasoning process in making decision should be sound and practicable. In term of the Constitution Court Jurisdiction issue, the exercise of the jurisdiction should be made within the scope specified in the Constitution and relevant laws much more strictly and the performing the function by the Constitutional organs shall be in a manner respecting the power and authorities of other constitutional organs bestowed by the Constitution. Besides, the Constitution Court may not overrule the previous judgment unless having appropriate and obvious reason. Regarding this, the writer purposes to amend the Section 68 so as to avoid a problem concerning an interpretation. Apart from this, the Parliament much perform their duties with good faith.Most importantly, the suggestion as mention above, which is the writers a merely personally academic opinion, is to enhance the efficiency of the constitution court as major organ in ensuring the rights and liberties of the individual with efficiency and success for the benefit of the whole people