Abstract:
The objectives of this research are to study and propose certain legal mechanisms to
strengthen citizenship for performing civic duties under the Constitution of the Kingdom of
Thailand B.E. 2560 (2017), and to study and propose other related tools and measures for a
balance between the performance of civic duties and the exercise of rights and liberties
under the Constitution of the Kingdom of Thailand B.E. 2560 (2017). This study was
conducted by the qualitative approach based on the documentary research. The results of
this study were described below.
1. According to 6 citizenship frameworks, which consist of self-responsibility and selfreliance,
respect to the principle of equality, respect to differences, respect to other peoples rights, respect to rules, and social and common responsibility, it was found that most of the said citizenship frameworks have been already imposed in the present Constitution of the Kingdom of Thailand. Except respect to the principle of equality is not defined as a duty of citizens. But it is only imposed that the State and State agency respect to individuals rights.
2. Forms of formulating the fundamental citizenship linked to rights and liberties in
Thailand and other countries. The study found that there are differences due to the
background and history of each country, organizations that provide education specifically for
citizenship and the curriculum for the teaching and learning process of citizenship. When
considering values taking effect to citizenship in various countries, it was found that many
countries have mutual values in several facets that are awareness, self-responsibility and
social responsibility, respect to rights of other people and respect to differences. However,
there are different values such as acceptance of diversity in the multi-cultural society,
valuing morality, ethics, and customs and tradition, etc.
3. Models of performing civic duties making the claim for rights and liberties meaningful. In term of national systems and mechanisms are political and governmental institutions, political parties, government authorities, private business organizations, nonprofit organizations and mass media. While local systems and mechanisms are family, Community and school or educational institute. When considering the educational management curriculum, it is found that it must cover both the education management in formal curriculum management and non-formal curriculum management. Factors for success of the aforesaid models are that 1) citizens should have knowledge, understanding, and awareness of the political regime, 2) there should be the specific organizations in charge of civic education, 3) education providers, teachers, and administrators of educational institutes should recognize the civic duties, and have knowledge in the educational management procedure for building citizenship, 4) community and locality should value and take in part in the civic education management and 5) the government sector must encourage the political parties or non-profit organizations to arrange activities promoting citizenship.
4. Mechanisms provoking civic duties and encouraging the exercise of rights and liberties under the Constitution of the Kingdom of Thailand B.E. 2560 (A.D. 2017) consists of
mechanism in the government sector and private sector in charge of the formal educational
management, mechanism in the government sector, private sector, civil society sector, and
family and mechanism of the mass media in charge of managing the informal education.
In this regard, the researcher has suggested as a policy measure and mechanisms for
many factors which are 1) to promote the Political Studies Center owned by the State or
the private sector 2) to strengthen the civil politics as carried out by the State, which must
be developed from the active citizenship, the State should also promote the public communications, set up mechanisms to promote the formation of people and social
movement whereas the State shall not obstruct this, but educate and create mechanisms
for general anti-corruption and whistleblowing of corruption 3) to encourage the government
authorities administration under the principle of good governance 4) to revise and fix the
precise and practical target of citizenship 5) to encourage the mass media to communicate
any public information which helps promote citizenship 6) to promote the government sector to work with the civil society sector and communities 7) to give opportunities to children and youth to think, analyze, comment, share opinions, and present the useful information in schools or other places appropriately and 8) to revise the formal curriculum and teaching and learning.
The Researcher views that some legal measures and mechanisms should be added to
promote and support the performance of civic duties in claiming for rights and liberties as
specified below:
1. to make Section 51 of The Constitution of the Kingdom of Thailand B.E. 2560 tangible, Section 45 of the Organic Act on Procedures of the Constitutional Court B.E. 2561
(A.D. 2018) should be amended by shortening the time period and the procedures to be
done by the people while increasing the sanction for any related State agency so that the
people and the community get benefit in their rights and liberties 2) the State should have a
role in supporting the civil politics by supporting the establishment of an organization with a
duty of publicizing, educating, or arousing awareness of people regarding their rights,
liberties, and duties.
2. The State should have a role in supporting the civil politics by supporting the establishment of an organization with a duty of publicizing, educating, or arousing awareness of people regarding their rights, liberties, and duties. This organization may be in the form of fund or foundation in which the people can take actions in its operation. A specific law should be enacted to support the establishment of this political organization.
3. The existing legal measures and mechanisms used to examine the political parties
spending of budget as supported by the State should be revised. There should also be the
punitive legal measures imposing a fine for the political parties and/or party administrators.
In addition, there should be other measures and mechanisms encouraging the people to
examine the budget spending by these political parties.
4. The State should promote the legal measures and mechanisms which arouse the general people to recognize the importance of brainstorming and presenting the policies in the public forum independently, either at the local or national level.