Abstract:
Judicial Review of Legislation for both civil law and common law countries is an important matter related to constitutional matter occured to acquire a solution to the legislature's misuse of power. There are two systems of reviews namely Centralized System and Decentralized System. In England there is no Judicial Review of Legislation because the unwritten Constitution of England has no status of Supreme Law and yet counting on Supremacy of Parliament, For Thailand, we have the written Constitution and being the Supreme Law. Supervision of Law to comply with the Constitution is the most important matter necessary for protecting the supremacy of the constitution. Whether Judicial Review of Legislation .will succeed depends on the organizer who has the power to review how the factors are and what shall guarantee the organizer. use of power. The American System is the decentralized one which assigns Court of Justice as the one among the three of the sovereignty to review the constitutionality of the legislation. Empowering this will make the Court of Justice has more super power than other of the sovereignty. That makes it against the rule of Seperation of Powers. So that the Council of Constitution or the Constitutional Court is more preferable than the Court of . Justice for being given the power to review. For Thailand, the Council of Constitution or the Constitutional Tribunal may be more suitable than the Constitutional. Court. If the Constitutional Court, the permanent organizer, is given the power to review, then it may act against the parliament's will because the opinion of the appointed judges of the Constitutional Court may be too old for the constitutional development. They may not see the necessity to have the law for using to enforce in such event. For these reasons, we should have the Council of Constitution or the Constitutional Tribunal for reviewing. The Council of Constitution in Thailand developed from the Siayess Concept in France. This organ makes good efficiency to the Judicial Review of Legislation but there are some weak points in the factor and qualification of the Conseil de Constitutionnel of France that ought to develop by joining the two concepts together, then applies especially the good portion for making the benefit of judicial review of legislation more efficient, namely: 1.The organ who has the power to review should come from the different institutes. Their members may represent the three of the sovereignty. They ought to be the law educated persons that might select from the law Professors in University, the members of the Board of judicial Committee, and the retired judges who have never been punished, The suitable numbers of the members ought to have three persons from each branch. 2.Concerning with the guarantee of freedom and security of the tribunal, each member should have the exact term of being in position and should not be withdrawn from his position. The members of the tribunal must be provided good welfare and high salary and they can express opinion freely. 3.The tribunals decision should be effective in general erga omnes but not affect the courts judgment which is final, the judgment which is still not final may be affected by the tribunals decision in Some cases. 4.For the guarantee of the tribunal' s impartiality, there should be some measurements for the parties concerned to raise the objection to the member of the tribunal.