A Comparative Study of Thailand & Morocco
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The Constitutional Court of the Kingdom of Thailand Under the Rule of Law
การประชุมทางวิชาการเนื่องในวาระศาลรัฐธรรมนูญครบรอบ ๒๐ ปี ศาลรัฐธรรมนูญ : ผพู้ ิทกั ษ์หลกั นิติธรรม ๙ – ๑๐ เมษายน ๒๕๖๑ กรุงเทพมหานคร ประเทศไทย The Constitutional Court of the Kingdom of Thailand under the Rule of Law Nurak Marpraneet President of the Constitutional Court of the Kingdom of Thailand Introduction: Overview of politics, economy, society and human rights in Thailand Section 1 of the Constitution of the Kingdom of Thailand stipulates that Thailand is one and indivisible Kingdom, and Section 2 provides that Thailand adopts a democratic regime of government with the King as Head of State. These two principles prescribed in the Constitution are said to be Eternity Clause of the Constitution, reflecting history and root of the land westerners had known as “Siam,” which has continuously existed over 700 years. Thailand changed its governmental regime from absolute monarchy to constitutional monarchy in B.E. 2475 (1932), in which parliamentary systems vary in accordance with different constitutions. According to the current Constitution, bicameralism shall be applied, in which Members of the House of Representatives are directly elected by the people; and the Senate is installed from a selection among persons having knowledge, expertise, experience, profession in the various areas of society. The Prime Minister must be nominated and approved by the 1 20th Anniversary of the Constitutional Court of Thailand The Constitutional Court: Protector of the Rule of Law 9th - 10th April 2018, Bangkok, Thailand การประชุมทางวิชาการเนื่องในวาระศาลรัฐธรรมนูญครบรอบ ๒๐ ปี ศาลรัฐธรรมนูญ : ผพู้ ิทกั ษ์หลกั นิติธรรม ๙ – ๑๐ เมษายน ๒๕๖๑ กรุงเทพมหานคร ประเทศไทย Parliament. Courts namely the Constitutional Court, the Court of Justice, the Administrative Court, and the Military Court, shall exercise judicial powers. -
Thailand Regulatory Management and Oversight Reforms: a Diagnostic Scan
OECD Reviews of Regulatory Reform Thailand Regulatory Management and Oversight Reforms: A Diagnostic Scan 2020 OECD work on RIA: http://oe.cd/ria OECD work on regulatory policy: http://oe.cd/regpol For further information, please contact: [email protected] [email protected] OECD Reviews of Regulatory Reform Regulatory Management and Oversight Reforms in Thailand A Diagnostic Scan PUBE 2 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2020), “Regulatory Management and Oversight Reforms in Thailand: A Diagnostic Scan”, OECD, Paris. Photo credits: Cover © SOUTHERNTraveler/Shutterstock.com; © Nuttawut Uttamaharad/Shutterstock.com; © CC7/Shutterstock.com; © Balate Dorin/Shutterstock.com; © michel arnault/Shutterstock.com © OECD 2020 The use of this work, whether digital or print, is governed by the Terms and Conditions to be found at http://www.oecd.org/termsandconditions. REGULATORY MANAGEMENT AND OVERSIGHT REFORMS IN THAILAND © OECD 2020 3 Foreword The success of Thailand’s strategic vision for continued sustainable economic and social development relies on the interplay of multiple factors. Good regulatory practices are a key component of the 2017 Constitution of Thailand, and are woven into the Thai National Strategy (2018-2037), Twelfth National Economic and Social Development Plan, and the “Thailand 4.0” strategy. GRPs can ensure that policies and regulations are well designed, effectively implemented and regularly assessed. This requires an adequate institutional set-up, clearly designated responsibilities in the public service, capacity for managing good regulatory practices, and better regulatory oversight. -
Constitution of the Kingdom of Thailand (Interim), B.E
Unofficial Translation Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014)* SOMDET PHRA PARAMI22550NTHARAMAHA BHUMIBOL ADULYADEJ SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT Given on the 22nd Day of July B.E. 2557; Being the 69th Year of the Present Reign. Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that: Whereas, the National Council for Peace and Order consisting of the Military and Police alliance respectfully informed the King that since the situation of political conflicts had continuously occurred in Bangkok Metropolitan and the vicinity for a long time and had thus spread to almost every region of the country. People were split into diverse groups, lacking unity and amicable attitude. Violence and use of force occurred at times and weapons of war were used to kill and injure one another. Public safety and livelihood were affected. Economic, political and administrative development was kept stagnant. Legislative, executive and judicial power was also affected. Law enforcement became ineffective. Such crisis is unprecedentedly serious. Even though the Government attempted to ameliorate the situation by various legal mechanisms and measures: i.e., the law maintaining public order in diverse situations was enforced; the House of Representatives was dissolved and a general election was operated; and impartial organs such as private enterprises organs, Constitutional organs, political parties, armed forces and the Senate attempted to facilitate reconciliation to be taken place. All attempts remained unsuccessful. Instead, new conflicts in law and politics occurred repeatedly and remained * nd Published in the Government Gazette, Vol. 131, Part 55a, Page 1, dated 22 July B.E. -
Thailand: Immediately Repeal Emergency Regulation That Threatens Online Free- Doms
Thailand: Immediately repeal emergency regulation that threatens online free- doms 3 August 2021 17 international human rights organizations today denounced the Thai government’s newly announced Regulation No. 29, which empowers the authorities to censor online expression, and investigate and prosecute individuals responsible for communications that may “instigate fear”. The Regulation is the government’s latest attack on the right to free- dom of expression and information in Thailand. The undersigned organizations are concerned that the Regulation seeks to impose unnec- essary, disproportionate and arbitrary restrictions in violation of the right to seek, receive and impart information and ideas of all kinds – under the purported guise of combating the COVID-19 pandemic amid a state of emergency. Regulation No. 29, promulgated on 29 July 2021, repeats language concerning prohibited speech featured in Regulation No. 27 of 10 July 2021, in accordance with section 9(3) of the Emergency Decree on Public Administration in Emergency Situation B.E. 2548 (‘Emer- gency Decree’). The regulations prohibit the release, distribution or dissemination of texts that may “instigate fear” or are “intended to distort information to mislead understanding of the emergency situation to the extent of affecting the security of state or public order or good morals of the people.” Regulation No. 29 additionally grants government author- ities new enforcement powers, enhancing their ability to censor online speech and inves- tigate internet users. This Regulation is incompatible with Thailand’s Constitution and its obligations under the International Covenant on Civil and Political Rights (ICCPR) to respect and protect the right to freedom of expression and information. -
Maha Sura Singhanat
Maha Sura Singhanat Somdet Phra Bawornrajchao Maha Sura Singhanat (Thai: สมเด็จพระบวรราช Maha Sura Singhanat เจามหาสุรสิงหนาท; RTGS: Somdet Phra Boworaratchao Mahasurasinghanat) (1744–1803) was the younger brother of Phutthayotfa Chulalok, the first monarch of มหาสุรสิงหนาท the Chakri dynasty of Siam. As an Ayutthayan general, he fought alongside his brother in various campaigns against Burmese invaders and the local warlords. When his brother crowned himself as the king of Siam at Bangkok in 1781, he was appointed the Front Palace or Maha Uparaj, the title of the heir. During the reign of his brother, he was known for his important role in the campaigns against Bodawpaya of Burma. Contents 1 Early life 2 Campaigns against the Burmese Monument of Maha Surasinghanat 3 The Front Palace at Wat Mahathat 4 Death Viceroy of Siam 5 References Tenure 1782 – 3 November 1803 Early life Appointed Phutthayotfa Chulalok (Rama I) Bunma was born in 1744 to Thongdee and Daoreung. His father Thongdee was the Predecessor Creation for the new Royal Secretary of Northern Siam and Keeper of Royal Seal. As a son of aristocrat, he entered the palace and began his aristocratic life as a royal page. Thongdee was a dynasty, previously descendant of Kosa Pan, the leader of Siamese mission to France in the seventeenth Krom Khun Pornpinit century. Bunma had four other siblings and two other half-siblings. Bunma himself Successor Isarasundhorn (later was the youngest born to Daoreung. Rama II) Born 1 November 1744 Campaigns against the Burmese Ayutthaya, Kingdom In 1767, Ayutthaya was about to fall. Bunma fled the city with a small carrack to of Ayutthaya join the rest of his family at Amphawa, Samut Songkram. -
Assessment of Thailand's Follow-Up Actions for the Implementation Of
FIDH - International Federation for Human Rights and its member organizations in Thailand Union for Civil Liberty (UCL) and Internet Law Reform Dialogue (iLaw) Assessment of Thailand’s follow-up actions for the implementation of the UN Human Rights Committee’s recommendations 14 August 2018 After reviewing the situation of civil and political rights in Thailand on 13-14 March 2017, the United Nations (UN) Human Rights Committee (CCPR) gave the Thai government a 23 March 2018 deadline to submit a follow-up report on the implementation of the recommendations made by the committee concerning three priority issues, namely: 1) The constitution and the country’s legal framework; 2) Extrajudicial killings, enforced disappearances, and torture; and 3) Conditions of detention. The Thai government failed to submit its follow-up report within the deadline set by the CCPR. The report was submitted in July 2018. Regrettably, the government’s report failed to satisfactorily address the three priority issues raised by the CCPR. This joint FIDH-UCL-iLaw report documents this failure and makes recommendations to the CCPR for the outcome of the follow-up review. This report also includes a recommended grade, based on the CCPR grading system.1 In addition, it must be noted that in June 2018 Thailand resumed executions after a nearly nine-year unofficial moratorium. On 18 June 2018, Theerasak Longji, 26, was executed by lethal injection at Bang Kwang Central Prison, north of Bangkok. Theerasak had been found guilty of a premeditated murder he had committed in Trang on 17 July 2012. While the use of the death penalty was not identified by the CCPR as one of the three issues to be considered in the follow-up review, this troubling development should be nonetheless regarded as an important regression in Thailand’s commitment to implementing the International Covenant on Civil and Political Rights (ICCPR). -
Elections in Thailand Has Been Elaborated Upon Here at Some Length
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by SOAS Research Online Constitutional Design in Thailand: the Management of Electoral Process in an Emergent Democracy By Andrew Harding and Peter Leyland1 Abstract: This article focuses on the measures and organic laws that have been introduced in Thailand since 1997 to secure fair elections and effective parliamentary representation. The discussion involves a critical assessment of constitutional regulation of the electoral process and also of political parties, and in particular the role of the Election Commission of Thailand, which was set up under the provisions of the 1997 Constitution. The article also seeks to assess the effect of these measures in delivering a secure system of government and parliamentary democracy in Thailand during a turbulent and uncertain 12-year period, which as well as reform has witnessed a military coup and the drafting of a new Constitution. 1 Introduction Since the inauguration of constitutional government and democratic elections with the overthrow of the absolute monarchy in 1932, Thailand’s electoral politics has been tainted by corruption. Due to this and other causes the nation has suffered grievously from political instability, so much so that constitutional innovation has been regarded as a form of crisis management rather than a secure basis for reform.2 In this way Thailand has been a source both of interesting and imaginative experimentation and of object lessons in constitutional failure. In all, including interim constitutions, Thailand has had 18 constitutions (the latest in 2007), and has suffered 17 military coups (the latest in 2006). -
Superfluous, Mischievous Or Emancipating? Thailand's Evolving Senate Today
Journal of Current Southeast Asian Affairs Chambers, Paul (2009), Superfluous, Mischievous or Emancipating? Thailand’s Evolving Senate Today, in: Journal of Current Southeast Asian Affairs, 28, 3, 3-80. ISSN: 1868-4882 (online), ISSN: 1868-1034 (print) The online version of this article can be found at: <www.CurrentSoutheastAsianAffairs.org> Published by GIGA German Institute of Global and Area Studies, Institute of Asian Studies and Hamburg University Press. The Journal of Current Southeast Asian Affairs is an Open Access publication. It may be read, copied and distributed free of charge according to the conditions of the Creative Commons Attribution-No Derivative Works 3.0 License. To subscribe to the print edition: <[email protected]> For an e-mail alert please register at: <www.CurrentSoutheastAsianAffairs.org> The Journal of Current Southeast Asian Affairs is part of the GIGA Journal Family which includes: Africa Spectrum • Journal of Current Chinese Affairs • Journal of Current Southeast Asian Affairs • Journal of Politics in Latin America • <www.giga-journal-family.org> Journal of Current Southeast Asian Affairs 3/2009: 3-38 Superfluous, Mischievous or Emancipating? Thailand’s Evolving Senate Today Paul Chambers Abstract: In Thailand’s emerging democracy, the Senate has played an often underestimated role. This study analyzes Thailand’s Upper House, examin- ing its historical evolution until 2009. In particular, it focuses on the follow- ing questions. What innovations did the 1997 Constitution bring to the Senate? How and why was the Senate adjusted under the 2007 constitution? The study further reviews the Senate elections of 2000 and 2006 as well as the election/ selection of 2008. -
Managing Living Heritage Sites in Mainland Southeast Asia
MANAGING LIVING HERITAGE SITES IN MAINLAND SOUTHEAST ASIA By Patcharawee Tunprawat A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY Department of Archaeology Graduate School SILPAKORN UNIVERSITY 2009 MANAGING LIVING HERITAGE SITES IN MAINLAND SOUTHEAST ASIA By Patcharawee Tunprawat A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY Department of Archaeology Graduate School SILPAKORN UNIVERSITY 2009 The Graduate School, Silpakorn University has approved and accredited the Thesis title of “Managing Living Heritage Sites in Mainland Southeast Asia” submitted by Miss Patcharawee Tunprawat as a partial fulfillment of the requirements for the degree of Doctor of Philosophy in Historical Archaeology ……........................................................................ (Associate Professor Sirichai Chinatangkul, Ph.D.) Dean of Graduate School ........../..................../.......... Thesis Advisors 1. Assoc. Prof. Sayan Praicharnjit 2. Mr. Pisit Charoenwongsa Thesis Examination Committee .................................................... Chairman (Prof. Phasook Indrawooth, Ph.D.) ............/......................../.............. .................................................... Member (Assoc. Prof. Chanan Vongvipak) ............/......................../.............. .................................................... Member .................................................... Member (Assoc. Prof. Sayan Praicharnjit) (Mr. Pisit Charoenwongsa) -
Thailand's Constitution of 2017
PDF generated: 26 Aug 2021, 16:51 constituteproject.org Thailand's Constitution of 2017 Unofficial translation by the Legal Opinion and Translation Section, Foreign Law Division under the legal duty of the Office of the Council of State This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:51 Table of contents Preamble . 3 CHAPTER I: GENERAL PROVISIONS . 4 CHAPTER II: THE KING . 5 CHAPTER III: RIGHTS AND LIBERTIES OF THE THAI PEOPLE . 9 CHAPTER IV: DUTIES OF THE THAI PEOPLE . 15 CHAPTER V: DUTIES OF THE STATE . 16 CHAPTER VI: DIRECTIVE PRINCIPLES OF STATE POLICIES . 19 CHAPTER VII: THE NATIONAL ASSEMBLY . 23 Part 1: General Provisions . 23 Part 2: The House of Representatives . 25 Part 3: The Senate . 35 Part 4: Provisions Applicable to Both Houses . 38 Part 5: Joint Sittings of the National Assembly . 52 CHAPTER VIII: THE COUNCIL OF MINISTERS . 53 CHAPTER IX: CONFLICT OF INTEREST . 61 CHAPTER X: THE COURTS . 63 Part 1: General Provisions . 63 Part 2: Courts of Justice . 64 Part 3: Administrative Courts . 65 Part 4: Military Courts . 65 CHAPTER XI: CONSTITUTIONAL COURT . 66 CHAPTER XII: INDEPENDENT ORGANS . 71 Part 1: General Provisions . 71 Part 2: Election Commission . 73 Part 3: Ombudsmen . 76 Part 4: National Anti-Corruption Commission . 77 Part 5: State Audit Commission . 81 Part 6: National Human Rights Commission . 83 CHAPTER XIII: STATE ATTORNEY ORGAN . 84 CHAPTER XIV: LOCAL ADMINISTRATION . 85 CHAPTER XV: AMENDMENT TO THE CONSTITUTION . 87 CHAPTER XVI: NATIONAL REFORM . -
Thailand Constitution 2007
[Home ] [ Databases ] [ WorldLII ] [ Search ] [ Feedback ] [ Help ] Constitution of the Kingdom of Thailand 2007 You are here: AsianLII >> Databases >> Constitution of the Kingdom of Thailand >> 2007 >> Thailand Constitution [Database Search ] [ Name Search ] [ Help ] Unofficial translation CONSTITUTION OF THE KINGDOM OF THAILAND, B.E. 2550 (2007) FOREIGN LAW BUREAU OFFICE OF THE COUNCIL OF STATE www.krisdika.go.th www.lawreform.go.th © 2007 CONSTITUTION OF THE KINGDOM OF THAILAND SOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADULYADEJ SAYAMMINTHARATHIRAT BOROMMANATTHABOPHIT Enacted on the 24th Day of August B.E. 2550; Being the 62 Year of the Present Reign. May there be virtue. Today is the eleventh day of the waxing moon in the ninth month of the year of the Pig under the lunar calendar, being Friday, the twenty-forth day of August under the solar calendar, in the 2550th year of the Buddhist Era. Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that the President of the National Legislative Assembly addresses royalty that the democratic regime of government with the King as Head of State has been evolved in Thailand for more than seventy five years and, through this period of time, the Constitutions had been promulgated, repealed and amended for the compliance with the situation of the nation and the changing circumstances and that the Constituent Assembly and the Constitution Drafting Commission have been established by the provisions of the Constitution of the Kingdom of Thailand (Interim), B.E. 2549 so as to prepare the new Constitution for the compatibility of the administration of State affairs in the forthcoming period with due regard to opinions of the public at all steps through the extensive public consultation and all invaluable opinions have been introduced incessantly into drafting process and to the consideration of motions thereon. -
Roadblock to Democracy
ROADBLOCK TO DEMOCRACY Military repression and Thailand’s draft constitution August 2016 / N°678a August Thai Army soldiers keep guard as anti-coup protesters march towards their base after a protestor was detained following a protest at Bangkok’s Victory Monument on 24 May 2014. © MANAN VATSYAYANA/AFP TABLE OF CONTENTS Executive summary ........................................................................................................................................4 Repressive legal framework limits draft charter debate ................................................................................7 NCPO manipulates constitution drafting process .........................................................................................11 Draft charter written by military-appointed body ....................................................................................................... 11 Military interference in the constitution drafting process ........................................................................................ 12 Additional referendum question imposed by the junta ............................................................................................ 12 Possible outcomes: A ‘win-win’ situation for the junta ............................................................................................. 13 Restrictions, detentions, one-sided propaganda mar referendum process ...................................................14 Charter critics detained, public debate stifled ...........................................................................................................