Analysis of decisions of constitutional court regarding termination of ministership and membership of the house of representatives and senators due to action amounting to a conflict of interests
Abstract:
It is indispensable to have legal measures for preventing and controlling the public officer, especially the member of the House of Representatives, Senator and Minister who are agents entrusted by people to exercise the state sovereignty through legislation and administration of the state, from being under the situation where their private interests are likely or able to influence the decision-making process on the use of authority in favor of themselves. Accordingly, the Constitution of the Kingdom of Thailand provides the prohibitions against any action amounting to a conflict of interests for the member of the House of Representatives, Senator and Minister. The violation of such restrictions will result in the termination of their position. However, from the studies of decisions of the Constitutional Court regarding termination of ministership and membership of the House of Representatives and Senators due to action amounting to a conflict of interests from B.E. 2540 to B.E. 2553 and the relevant provisions, it was found that the provisions of the Constitution relating to a conflict of interests are still ambiguous both in terms of the prohibitions and the results of the violation of such prohibitions. Such vagueness in the provisions has caused problems in interpretation and on other negative effects on the following issues; the protection of rights and freedoms of the people, the faithfulness and trust of the public on the legal system, the management of the public sector and the institutional and political images of the Constitutional Court. Therefore, it is expedient to amend these provisions of the Constitution to be much clearer. In order to make the Constitution to be concise, they might be amended in form of the Organic Acts.