Page 9 - kpiebook65019
P. 9
8 ประเด็นส�ำคัญที่พึงมีและควรแก้ไขตำมรัฐธรรมนูญแห่งรำชอำณำจักรไทย พุทธศักรำช 2560 :
สิทธิชุมชน ชุมชนท้องถิ่นดั้งเดิม
Community rights were constitutionally recognized at the same
time. People, as members of various communities, have exercised their
constitutional rights, both in the submission of draft laws to the parliament
to determine the details of the rights of communities, and in collaborating
with governments and administrative departments to operate under the
authority of agencies. Also, court rights have been used to create norms
to show the boundaries of community rights. Political parties have shown
their intention to support community rights, and governments of every
era have raised the issue of community rights in their policy statements
to the parliament.
However, during the past 20 years, in practice there have continued
to be many constitutional problems concerning the exercise of community
rights in various dimensions. "Constitutionalism" and the examples of
the Canadian constitution and the Federation of Brazil that certifies
community rights in the constitution provide good principles and guidelines
to help overcome the cycle of constitutional problems in Thai society.
1. Create processes and mechanisms in the constitution to
ensure and protect the rights and freedoms of the people,
effective immediately without any excuse for the unavailability
of government agencies or creating restrictions by using legal
techniques such as “as provided by law” or “by the method
prescribed by law”.