รัฐธรรมนูญและสถาบันการเมือง : ศึกษารัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช 2517

• المؤلف الرئيسي: ทรงวุฒิ จารขจรกุล
• مؤلفون آخرون: บวรศักดิ์ อุวรรณโณ
• التنسيق: Theses and Dissertations
• اللغة: Thai
• منشور في: จุฬาลงกรณ์มหาวิทยาลัย 1999
• الموضوعات: รัฐธรรมนูญ > ไทย; สถาบันการเมือง > ไทย; ไทย > การเมืองและการปกครอง > กรุงรัตนโกสินทร์, 2514-2519
• الوصول للمادة أونلاين: https://digiverse.chula.ac.th/Info/item/dc:23623
• المؤسسة: Chulalongkorn University

This research is aimed to study the structure and mechanism of the Constitution of the Kingdom of the Thailand 1974 according to the objective of the Constituent Assembly as well as the enforcement thereof under the actual photocal, economic and social context. It is discovered from the study that the drafting of the Constitution was made under the democratic atmosphere, therefore, there was no big pressure over the drafter. Some restriction was only a time limit since the Thai people at that time needed the democratic constitution urgently. 1n the drafting process, the Constitution of 1919, one of the most democratic piece of constitution, was selected to be a model and the participation of many people was welcomed. Accordingly, it is said that the new Constitution of 1974 is get along with the constitutionalism democracy. The Constitution recognized the freedom and liberty of the Thai people comprehensively and provided for bicameral system of government comprising the House of Representatives elected by the people and the Senate appointed by the King and countersigned by the President of the Privy Council. With respect to the matter of countersignature, as the King did not agree with the concept because the President of the Privy Council was the person selected and appointed by the King upon ills Royal pleasure so it may be contrary to the principle that the King shall not involve with the politics. In this regard, when the Constitution had come into force, the provision was amended so that the Prime Minister shall be a person who countersigns the Royal Command. Moreover, the new Constitution provided for the executive branch of government to achieve more stability by promoting the strength of political parties and added more inspecting institutions as the Constitutional Tribunal, Administrative Court, Courts adjudicating labour, taxation and social matters and Ombudsman. However, during the operation period of the Constitution, some of those institution: were established but some were still pending. After the promulgation of the Constitution of 1974 many political parties were established but no party gained enough majority votes to form a government causing the mixed government to be unstable. Furthermore, the Constitution also prohibited a government official to be a political official and limited the age of electors to not less than 20 years of age and the candidate to 25 years of age that gave the traditional bureaucrat and the new political groups as students and general public no chance to participate in the political action. At the same time there was a controversy between the liberalism and the socialism resulting the disharmony in the Thai society and the violation of freedom and liberty of the Thai people. Lastly, when the situation became critical, the National Administrative Reform Council bad claimed it for the annulment of the Constitution