Page 15 - วารสารกฎหมายสิทธิมนุษยชน. ปีที่ 1 ฉบับที่ 1 (มกราคม - เมษายน 2563)

ปที่ 1 ฉบับที่ 1 (มกราคม – เมษายน 2563) 13

Basic Concept of Fundamental Rights

Associate Professor Dr. Torpong Kittiyanupong

Abstract

The fundamental rights that is specifically recognised by the provisions of
the Constitution are “the order of reason”, in other words, “the order of values”. This concept
is used to regulated the conduct of human life in society and it is also deemed as

the concept to stipulate any forms of relationship, whether between the state and
individuals or even among individuals themselves. Therefore, a study of preliminary
ideas of the fundamental rights shall be in connection with “the effect that ought
to be” of the order of reason or the order of values in the legal system as such.

Subsequently, when the research of introductory principle of fundamental rights has
been conducted, it is demonstrated that the constitutional mechanisms and any legal
mechanisms are designated to preserves all value of fundamental rights so that these
rights could be legally and practically effective as much as possible. Substantively,

to make a success of such matters, it must be taken into account by any state organisations,
whether it is the legislature, the executive, or the judiciary as well as the citizens which
it recognised as part of the society.

Keywords :

Fundamental rights, the order of reason, the order of values, human dignity,
binding force of fundamental rights, rule of weighing, principle of proportionality.