태국의 헌법재판제도와 헌법현실 -한국과의 비교 고찰-

Abstract

Constitutional Justice and Practice in Thailand- in comparison with Korea - The recent constitutional revisions in South-East Asia, especially in Thailand as well as in Indonesia, have been based on the people's deep enthusiasm for democracy. They adopted a new judicial review system - the Constitutional Court - to safeguard the Constitution. Particularly, the Constitution of the Kingdom of Thailand reforming the Thai political system to encourage and promote greater participation by Thai citizens in political process, to bring honesty, transparency, accountability and legitimacy into the political system, and to ensure greater political stability, the Constitutional Court of Thailand has been created. The Court is empowered by the Constitution to review the constitutionality of all laws, to make judicial decisions on dissolution, establishment or resolution of a political party, and to pass judgment of competence dispute and counter corruption dispute. According to its jurisprudence, it could be considered to contribute to realize the main goals of the new Constitution. Especially, the political stability could be established through the cases on competence dispute and political parties. But, in the future, the Thai Constitutional Court has to contribute also to protect the people's fundamental rights, enlarged by the new Constitution.