Abstract:
This thesis researches into the ideology, principles, and problems of financial loans by political parties in Thailand and analyzes the legal issues arising from these loans based on the Organic Act on Political Parties B.E. 2560 (2017) in order to propose solutions suitable for social contexts in Thailand by means of researching and gathering information from books, journals, theses, research findings, and other relevant foreign documents, including the verdicts from the Constitutional Court regarding the loans taken by political parties in Thailand. The provisions concerning financial loans by political parties based on the Organic Act on Political Parties B.E. 2560 (2017) have not permitted political parties to obtain loans, but they have not prohibited such actions. There is the case study of the Future Forward political party which acquired a considerable amount of loans to finance its political activities from its leader. The Constitutional Court decision of this case, therefore, was that political parties loans were comparable to donations or other benefits to the party, which exceeded the amount restricted by the law. This resulted in the law interpretation to dissolve the political party in conflict, thus causing an absence of democracy from the party along with an imbalance in liberty of political parties to do political activities which will lead to the sustainable stability of political parties in Thailand and their financial control in the long run. The researcher thereby would like to propose that political parties loans should be legitimate and also suggest the amendments of legislation with regard to loans taken by political parties in accordance with the Organic Act on Political Parties B.E. 2560 (2017). To be specific, there should be more explicit legal frameworks to enhance the clarity concerning political parties loans given by financial institutions, political party members and its executive committee; there should also be a limit to control the amount of loan, which must not exceed the one enforced by the law. Furthermore, there should also be more conclusive descriptions of the words donation and other benefits. Not only those, there should be an addition of the word loans. This, therefore, must not be subject to the domination among political parties and must yield transparency, hence contributing to sustainable democracy among political parties.