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The Rule of Law for Democracy 345
disputes, it is notable that the Thai Court has various systems
related to jurisdiction over norm control.
The Thai Court exercises systems for both abstract norm
control including a system of preventive norm control under
which the constitutionality of a law may be reviewed prior to its
promulgation, and concrete norm control.
In particular, from the system of preventive norm control that
intends to resolve any controversy of unconstitutionality of the
organic and ordinary bills prior to the implementation, I can see
the strong will of the Thai people for greater protection of the
constitutional order.
As opposed to Thailand, Korea is yet to introduce preventive
or abstract norm control systems and the introduction of these
systems are still under discussion in Korea.
In addition, Thailand, by the constitutional amendment in
2007, adopted a system for constitutional complaints.
The Korean constitutional court also adopted the system for
constitutional complaints since its inception, and when looking
back at the history of the court, I can see that this system of
constitutional complaints helped propel the active practice of the
constitutional adjudications and the improvement of people’s
awareness of human rights. Adoption of the constitutional
complaints system in Thailand shows that Thailand is with the
global trend of the expansion of the constitutional complaints
system that ensures a direct process under which an individual
can dispute whether violation of one’s fundamental rights has
occurred.
I believe these institutional frameworks can pave the way
for further stable development of democracy and rule of law in
Thailand.
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