Abstract: In reference to the legal state in the Thai legal system,
most people understand the minor principles of the legal state form,
which are the principles that can be explained and understood easily
and the results can be seen clearly, especially in the legitimacy of
administrative acts. Therefore, there is no awareness of justice, which
is the fundamental value of Thai law. The legitimacy of administrative
acts requires the administration to adhere to the constitution and
legislative laws in enforcement of the laws. If it appears that the
administrative acts are illegitimate, the administrative court, as the
court of justice, will revoke those acts as if they had never been set in
the legal system, this will affect people’s trust as they are unaware as
to whether the administrative acts that appoint their lives are
legitimate or not. Regarding the revocation of administrative orders
by the administrative court as if those orders had never existed, the
common individual surely cannot be expected to comprehend the
security of their juristic position. Therefore, the legal state does not
require a revocation of the government’s acts to terminate its legal
results merely because those acts are illegitimate, but there should be
considerations and realizations regarding the “The Principle of the
Protection of Legitimate Expectation,” which is a minor principle in
the legal state’s content that focuses on supporting and protecting
legitimate expectations of the juristic position of an individual and
maintaining justice, which is the fundamental value of Thai law.
Abstract: Each of the countries around the world has different
ways of management and many of them depend on people to
administrate their country. Thailand, for example, empowers the
sovereignty of Thai people under constitution; however, our Thai
voting system is not able to flow fast enough under the current
Political management system. The sovereignty of Thai people is
addressing this problem through representatives during current
elections, in order to set a new policy for the countries ideology to
change in the House and the Cabinet.
This is particularly important in a democracy to be developed
under our current political institution. The Organic Act on Political
Parties 2007 is the establishment we have today that is causing
confrontations within the establishment. There are many political
parties that will soon be abolished. Many political parties have
already been subsidized. This research study is to analyze the legal
problems with the political party establishment under the Organic Act
on Political Parties 2007.
This will focus on the freedom of each political establishment
compared to an effective political operation. Textbooks and academic
papers will be referenced from studies home and abroad.
The study revealed that Organic Act on Political Parties 2007 has
strict provisions on the political structure over the number of
members and the number of branches involved within political
parties system.
Such operations shall be completed within one year; but under the
existing laws the small parties are not able to participate with the
bigger parties. The cities are capable of fulfilling small political party
requirements but fail to become coalesced because the current laws
won't allow them to be united as one. It is important to allow all
independent political parties to join our current political structure.
Board members can’t help the smaller parties to become a large
organization under the existing Thai laws.
Creating a new establishment that functions efficiently throughout
all branches would be one solution to these legal problems between
all political parties. With this new operation, individual political
parties can participate with the bigger parties during elections. Until
current political institutions change their system to accommodate
public opinion, these current Thai laws will continue to be a problem
with all political parties in Thailand.