Judicial review of the exercise of the election commission's power by the constitutional court : a case study of the constitution court's decision No.9/2549 (B.E.)
Abstract:
The Election Committee is an entity established by the Constitution, Extremly , it isn organized with use to be power . When there is a question as to the validity of the exercise of its power, it should therefore be subject to the review of the court. When the Election Committee passed a resolution to change the position of the stand for marking ballots, to turn the stand so that the voters backs face the opposite of the ballot box .Which is contradictory by Election that is not secret ballot, it was an exercise of the power of the Election Committee to run the election under Article 144 of the Constitution, and should be subject to the review of the Constitution Court. In the event that a dispute over jurisdiction of such a matter arises between the Constitution Court and the Administrative Court, the Constitution Court should prevail, and its decision be binding on the Administrative Court, pursuant to Article 268. A separate issue arises regarding the power of the Election Committee to fix the date for the election. Under the Parliamentary system of government, this power derives from both the Legislative and the Executive Branches. As such, it should be subject to the review of either the Constitutional Court or the Administrative Court The results of the study reveal that sovereignty is the highest power of the state and belongs to the people. Thai people exercise their sovereignty through elections. In ordinary circumstances, the Constitution Court should not be able to revoke an election since it is an expression of the will of the people. The process of election consists of different stages and the issue of turning the stand for marking the ballots is just one step of the whole process of the election. The revocation of the election in this case is in direct contradiction to the theory of sovereignty belonging to the people. However, the action of the Constitution Court in this case must be considered to be in agreement with the national crisis and confusion at the moment