Browsing by Subject "Political Institutions"

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    Publication
    Right to No-Vote: Prospects and Pitfalls of Encouraging No-Vote Rights in the House of Representatives’ Election
    (University of the Thai Chamber of Commerce, 2013)
    Thepjumnong, Arpasara
    ;
    University of the Thai Chamber of Commerce. School of Law
    This research aims to study the path in developing and promoting “right to no vote” forcandidates of Members of the House of Representative in Thailand. It explores idea, spirit andhistory of related laws and problems which concern this issue comparing with internationalexperiences, such as Bangladesh, Canada and the United States. Then, it will adopt patterns withadvantages, and disadvantages of those experiences and apply to Thai practices.After studying, This study found that Thailand has some advancements in this matter.These progresses include forms of “right to no vote” which indicate “no vote” option on the ballotpaper, separation of counting ballet paper between “no vote” and others without spoiled ballots,and announcement of “no vote” ballot paper to public. Besides, according to the fundamental lawor election of Member of the House of Representative and senators (2) B.E. 2554, Article 88assigns that “right to no vote” has legal effect if any constituency has only one applicant andreceives fewer votes than the votes cast, it must set a new election in that constituency. However,the result of “right to no vote” in Thailand has not covered the constituency that has manycandidates and party list.Therefore, This study suggests that the legal effect of “right to no vote” should beextended to the constituency that has many candidates by setting a new election in a case thatsuch constituency has total “right to no votes” over total candidates. This new election will notlimit the right of old candidates to apply this new election. A proceeding concerning electioncancellation according to article 88 paragraphs 3 and 4 of the fundamental law of electionMembers of the House of Representative and senators (2) B.E. 2554 will be adopted to make the“right to no vote” reach the ultimate purpose.
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