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ดุลพาห

of religion , occupation , expression, and idea . In addition to these most basic
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15
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guarantees, the Constitution also promises, among other things, the right to participate
in the political process including the right to free and fair election, to propose a draft
legislation, and to peaceful demonstration. 16

Nevertheless, none of these rights is absolute. Consequently, there may
also be situations in which they may have to be restricted or even temporarily

suspended in order to safeguard the interests of the public at large or to protect the
security of the State or when the exercise of such rights or liberties violates the

rights or liberties of other persons. To this end, there is a mechanism put in place
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to manage the competing interests of individuals, the society, and the country.

A person or a group of persons may take a proactive step to protect his or her
constitutionally enshrined rights against other individuals or even the government

agencies without having to wait for an implementing legislation.
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On the other hand, in the case that the Government wishes to enact a

measure with an effect of restricting rights and liberties of a person, it can only be
done under a set of strict conditions provided by the Constitution. Among other

things, such a measure must be within the boundaries of reasonableness, necessity,
and justifiability. In sum, while the Government may infringe upon individual
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rights and liberties, it still has to observe both procedural and substantive
aspects of the rule of law. Substantively, in addition to the substantive ideals

13. Section 31, the Constitution.
14. Sections 30 and 40, the Constitution.
15. Sections 34, 35, and 36, the Constitution.
16. Sections 42, 44, and 45, the Constitution.
17. Paragraph 1, Section 25, the Constitution.
18. Paragraph 2, Section 25, the Constitution.
19. Paragraph 1, Section 26, the Constitution.

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