Constitutional Court (Thailand)
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The Constitutional Court (, , ), officially the Constitutional Court of the Kingdom of Thailand, is a Thai
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
created by the 1997 constitution with
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
over the
constitutionality In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court is part of the
judicial branch The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of the Thai national government. The court, along with the 1997 constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the
2006 Thai coup d'état The 2006 Thai coup d'état took place on 19 September 2006, when the Royal Thai Army staged a coup d'état against the elected caretaker government of Prime Minister Thaksin Shinawatra. The coup d'état, which was Thailand's first non-constitu ...
. While the Constitutional Court had 15 members, seven from the judiciary and eight selected by a special panel, the Constitution Tribunal had nine members, all from the judiciary. A similar institution, consisting of nine members, was again established by the
2007 Constitution 7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has symbolic associations in religion, mythology, supers ...
. The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court. The decisions of the court are final and not subject to
appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
. Its decisions bind every state organ, including the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
, the
Council of Ministers Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
, and other courts. The various iterations of the court have made several significant decisions. These include the 1999 decision that
Newin Chidchop Newin Chidchob (, born 4 October 1958) is a Thai politician from Buriram Province. As a member of several political parties, Newin and his allies eventually joined the Thai Rak Thai Party of Thaksin Shinawatra in 2005. Prior to the 2006 Thai coup ...
, the Deputy Minister of Agriculture, could retain his seat in cabinet after being sentenced to imprisonment for
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
; the 2001 acquittal of
Thaksin Shinawatra Thaksin Shinawatra (, ; born 26 July 1949) is a Thai businessman and politician who was the 23rd prime minister of Thailand from 2001 to 2006. Since 2009 he has also been a citizen of Montenegro. Thaksin founded the mobile phone operator A ...
for filing an incomplete statement regarding his assets with the National Anti-Corruption Commission; the 2003 invalidation of
Jaruvan Maintaka Khun Ying Jaruvan Maintaka (; , born 5 July 1945) is a former Auditor-General of Thailand. She was appointed Auditor-General in December 2001 and refused to leave the office after the Constitutional Court ruled that her nomination was unlawful ...
's appointment as auditor-general; the 2007 dissolution of the
Thai Rak Thai The Thai Rak Thai Party (TRT; , , ; "Thais Love Thais Party") was a list of political parties in Thailand, Thai political party founded in 1998. From 2001 to 2006, it was the ruling party under its founder, Prime Minister of Thailand, Prime Mini ...
political party; the 2014 removal of
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Yingluck Shinawatra Yingluck Shinawatra (, , ; born 21 June 1967) is a Thai businesswoman, politician and a member of the Pheu Thai Party who was the 28th prime minister of Thailand from 2011 to 2014. Yingluck was Thailand's first female prime minister and its yo ...
from office; the dissolution of the
Thai Raksa Chart Party The Thai Raksa Chart Party (, , ), officially known in English as the Thai Save the Nation Party, was a Thai political party. History The party was established in 2009 under the name Rath Thai Party. The party underwent a series of name chan ...
before the March 2019 election; the dissolution of the
Future Forward Party The Future Forward Party (FFP; , ; otherwise known as 'New Future Party') was a social democratic and progressive List of political parties in Thailand, Thai political party from March 2018 to February 2020. The party was founded on 14 March 20 ...
in 2020 and its successor
Move Forward Party The Move Forward Party (MFP; , ) was a major social democratic and progressive political party in Thailand. It was the second incarnation of the progressive Future Forward Party, which was founded in 2018 and dissolved by the Constitutional C ...
in 2024; and the removal of Prime Minister
Srettha Thavisin Srettha Thavisin (, , ; born 15 February 1962) is a Thai businessman and former politician who served as the 30th Prime Minister of Thailand from 2023
in 2024. The FY2019 budget of the Constitutional Court is 223.7 million
Baht The baht (; , ; currency sign, sign: ฿; ISO 4217, code: THB) is the official currency of Thailand. It is divided into 100 ''satang'' (, ). Prior to decimalisation, the baht was divided into eight ''fueang'' (, ), each of eight ''at'' (, ). The ...
. , its president is
Nakarin Mektrairat Nakarin Mektrairat (; born 28 July 1958) is a Thai jurist and academic who has served as the President of the Constitutional Court of Thailand since 2024. Mektrairat previously served as an administrator at Thammasat University from 2011 to 2015, ...
.


Origins and controversy


Drafting of the 1997 constitution

The creation of the Constitutional Court was the subject of much debate during the 1996–1997 drafting of the 1997
Constitution of Thailand The Constitution of the Kingdom of Thailand (; ) provides the basis for the rule of law in Thailand. Since the abolition of the absolute monarchy in 1932, Thailand has had 20 charters or constitutions. Many changes followed military coups, ref ...
.James R. Klein, "The Battle for Rule of Law in Thailand: The Constitutional Court of Thailand", Senior judges opposed the concept on the grounds that constitutional and judicial review should remain a prerogative of the Supreme Court and that a Constitutional Court would create a fourth branch of government more powerful than the judiciary, legislature, or executive. Judges stated their fear over political interference in the selection and impeachment of judges. The Constitution Drafting Assembly (CDA) eventually made several concessions regarding the composition and powers of the court.


Jurisdiction

The constitution did not give the Constitutional Court the authority to overrule a final judgment of the Supreme Court. An affected party, or a court, could request the opinion from the Constitutional Court if it believed a case involved a constitutional issue. The court where the initial action was pending would stay its proceedings until the Constitutional Court issued its decision. Constitutional court decisions would have no retroactive effect on previous decisions of the regular courts. The constitution also did not give the Constitutional Court the authority to rule on any case in which the constitution did not specifically delegate an agency the power to adjudicate.


Impeachment

The constitution allowed individual justices to be the subject of impeachment proceedings with the vote of one-fourth of the members of the House or with the approval of 50,000 petitioners. A vote of three-fifths of the Senate is required for impeachment. Earlier drafts had required votes of only 10% of the combined House and Senate to call for a vote of impeachment, and votes of three-fifths of the combined
Parliament of Thailand The Parliament of Thailand ( Abrv: NAT; , , ) is the bicameral legislative branch of the government of Thailand. It convenes in the Sappaya-Sapasathan, Dusit District, Bangkok. The Parliament was established in 1932 after the adoption of Thail ...
to dismiss a justice.


Appointment

The constitution gave the judiciary a strong influence over the composition of the Constitutional Court. Originally, the court was to have nine justices including six legal experts and three political science experts. A panel of 17 persons would propose 18 names from which parliament would elect the nine justices. The panel president would be the
president of the Supreme Court of Thailand President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsidente ...
, the panel itself would have included four political party representatives. The CDA finally compromised and allowed seven of the justices to be selected by the judiciary, while the remaining eight justices would be selected by the Senate from a list of Supreme Court nominees.


Appointment of the first Constitutional Court

The appointment of the first Constitutional Court following the promulgation of the constitution in 1997 was four month controversy pitting the
Senate of Thailand The Senate of Thailand is the upper house of the National Assembly of Thailand, Thailand's legislative branch. In accordance with the 2017 constitution of Thailand, the Senate is a non-partisan legislative chamber, composed of 200 members. Sena ...
against the Supreme Court. A key issue was the senate's authority to review the backgrounds of judicial nominees and reject nominees deemed inappropriate or unqualified.


Appointment of Amphorn Thongprayoon

After receiving the Supreme Court's list of nominees, the Senate created a committee to review the nominees' credentials and backgrounds. On 24 November 1997, the Senate voted to remove the name of Supreme Court Vice-president Amphorn Thongprayoon, on the grounds that his credentials were dubious and on allegations that he had defaulted on three million Baht in debt. The Supreme Court was furious, arguing the constitution did not empower the senate to do background checks or to reject Supreme Court nominees. The Supreme Court requested a ruling from the Constitutional Tribunal chaired by the House speaker. On 8 January 1998, in a six to three vote, the Tribunal ruled the Senate did ''not'' have the authority to do background checks or reject the Supreme Court's nominees. The Tribunal ruled that the Senate's review powers were limited to examining the records of the nominees and electing half of those nominees for appointment. Immediately after the Supreme Court filed its request to the Tribunal, Justice Amphorn withdrew his name. After the Tribunal's ruling, the Supreme Court elected justice Jumpol na Songkhla on 9 January 1998 to replace Amphorn. The Senate ignored the Tribunal's ruling and proceeded to review Jumphol's background and delayed a vote to accept his nomination for seven days so that the Senate could evaluate Jumphol. Finding no problems, the Senate acknowledged his appointment to the court on 23 January 1998.


Appointment of Ukrit Mongkolnavin

The appointment of former Senate and Parliament president Ukrit Mongkolnavin was especially problematic. The Senate had initially elected Ukrit from the list of ten legal specialists nominated by the selection panel, despite claims by democracy activists that Ukrit was unqualified to guard the constitution because he had served dictators while president of parliament under the 1991–1992 military government of the National Peacekeeping Council. Stung by the Senate rejection of Amphorn Thongprayoon, the two
Bangkok Civil Court Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estim ...
judges, Sriampron Salikhup and Pajjapol Sanehasangkhom, petitioned the Constitutional Tribunal to disqualify Ukrit on a legal technicality. They argued that Ukrit only had an honorary
professorship Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a 'person who professes'. Professors ...
at
Chulalongkorn University Chulalongkorn University (CU; ; , ) is a public university, public Autonomous university, autonomous research university in Bangkok, Thailand. The university was originally founded during King Chulalongkorn's reign as a school for training ro ...
, while the 1997 constitution specifically specifies that a nominee, if not meeting other criteria, must be at least a
professor Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other tertiary education, post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin ...
. Echoing the Senate's rejection of Amphorn, the judges also alleged that Ukrit was involved in a multi-million baht lawsuit over a golf course. On 10 January 1998, the Tribunal ruled that the judges were not affected parties and therefore they had no right to request a ruling. Nevertheless, the parliament's president invoked his power as chairman of the tribunal to ask the Senate to reconsider Ukrit's nomination. On 19 January 1998, the Senate reaffirmed Ukrit's qualifications, noting that his professorship was special only because he was not a government official. Under
Chulalongkorn Chulalongkorn (20 September 1853 – 23 October 1910), posthumously honoured as King Chulalongkorn the Great, was the fifth king of Siam from the Chakri dynasty, titled Rama V. Chulalongkorn's reign from 1868 until his death in 1910 was cha ...
's regulations, he had the academic status of a full professor. This position inflamed activists and the judiciary, and prompted the parliament president on 21 January to invoke his authority under Article 266 of the 1997 Constitution to order the Constitutional Tribunal to consider the issue. On 8 February, in a four to three vote, the tribunal ruled that Ukrit's special professorship did ''not'' qualify him for a seat on the Constitutional Court. The tribunal noted that Chulalongkorn's criteria for honorary professorship were different from its criteria for academic professors, as intended by the Constitution. The Senate ended up electing Komain Patarapirom to replace Ukrit.


Jurisdiction

Under the
2007 Constitution 7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has symbolic associations in religion, mythology, supers ...
, the court is competent to address the following:


Composition


1997 Constitution

The Constitutional Court was modeled after the
Constitutional Court of Italy The Constitutional Court of the Italian Republic () is the highest court of Italy in matters of constitutional law. Sometimes, the name ''Consulta'' is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome. ...
. According to the 1997 constitution, the court had 15 members, all serving nine year terms and appointed by the king upon senatorial advice: * Five were judges of the Supreme Court of Justice (SCJ) and selected by the SCJ Plenum through
secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
. * Two were judges of the Supreme Administrative Court (SAC) and selected by the SAC Plenum through secret ballot. * Five were experts in law approved by the Senate after having been selected by a special panel. Such panel consisted of the SCJ president, four deans of law, four deans of political science, and four representatives of the political parties whose members are representatives. * Three were experts in political science approved by the Senate after having been selected by the same panel.


2006 Constitution

According to the 2006 Constitution, the Constitutional Tribunal was established to replace the Constitutional Court which had been dissolved by the
Council for Democratic Reform The Council for National Security (; ; abbreviated CNS (), was the military junta that ruled Thailand between its coup d'état against Prime Minister Thaksin Shinawatra on 19 September 2006 until the later coup d'état on 22 May 2014. Thaksin w ...
. The Tribunal had nine members as follows: * The SCJ president as president. * The SAC president as vice-president. * Five SCJ judges selected by the SCJ plenum through secret ballot. * Two SAC judges selected by the SAC plenum through secret ballot.


Members of the Tribunal


2007 Constitution

After the Constitutional Court was abolished by the
Council for Democratic Reform The Council for National Security (; ; abbreviated CNS (), was the military junta that ruled Thailand between its coup d'état against Prime Minister Thaksin Shinawatra on 19 September 2006 until the later coup d'état on 22 May 2014. Thaksin w ...
and was replaced by the Constitutional Tribunal under the 2006 Constitution, the
2007 Constitution 7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has symbolic associations in religion, mythology, supers ...
reestablishes the Constitutional Court and makes various changes to it. The court is back with greater vigour and is also empowered to introduce to the National Assembly the draft laws concerning the court itself. Under the 2007 Constitution, the Constitutional Court has nine members, all serving for nine year terms and appointed by the King with senatorial advice: * Three are SCJ judges and are selected by the SCJ plenum through secret ballot. * Two are SAC judges and are selected by the SAC plenum through secret ballot. * Two are experts in law approved by the Senate after having been selected by a special panel. Such panel is composed of the SCJ president, the SAC president, the president of the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
, the
opposition leader The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
and one of the chiefs of the constitutional independent agencies ( chief ombudsman, president of the
election commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
, president of the National Anti-Corruption Commission or president of the
State Audit Commission State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
). * Two are experts in political science, public administration or other field of social science and are approved by the Senate after having been selected by the same panel.


Members of the court


2017 constitution

After the
2014 Thai coup d'état On 22 May 2014, the Royal Thai Armed Forces, led by General Prayut Chan-o-cha, the commander-in-chief of the Royal Thai Army, launched a coup d'état, the twelfth since the country's first coup in 1932, against the caretaker government follow ...
, the court had not been dissolved. Until the
2017 constitution of Thailand The Constitution of the Kingdom of Thailand (; ) provides the basis for the rule of law in Thailand. Since the abolition of the absolute monarchy in 1932, Thailand has had 20 charters or constitutions. Many changes followed military coups, ref ...
was in effect, the judges from the 2007 Constitutional Court continued to work on the 2017 Court.


Members of the court


Key decisions


Chuan-government emergency decrees during the 1997 economic crisis


Unconstitutionality of emergency economic decrees

In its first decision, the court ruled on the constitutionality of four emergency executive decrees issued by the Chuan government to deal with the
Asian financial crisis The 1997 Asian financial crisis gripped much of East and Southeast Asia during the late 1990s. The crisis began in Thailand in July 1997 before spreading to several other countries with a ripple effect, raising fears of a worldwide economic meltd ...
. The government had issued the decrees in early-May 1998 to expand the role of the Financial Restructuring Authority and the Assets Management Corporation, to settle the debts of the
Financial Institutions Development Fund Finance refers to monetary resources and to the study and discipline of money, currency, assets and liabilities. As a subject of study, is a field of Business Administration wich study the planning, organizing, leading, and controlling of an o ...
through the issue of 500 billion baht in bonds, and to authorize the
ministry of finance A ministry of finance is a ministry or other government agency in charge of government finance, fiscal policy, and financial regulation. It is headed by a finance minister, an executive or cabinet position . A ministry of finance's portfoli ...
to seek 200 billion baht in overseas loans. The opposition
New Aspiration Party The New Aspiration Party () is a political party in Thailand. The party was established in 1990 by General Chavalit Yongchaiyudh after his retirement as Commander-In-Chief of the Royal Thai Army. This party won the elections of 1996 and formed ...
(NAP) did not have the votes to defeat the bills, and therefore, on the last day of debate, invoked Article 219 of the constitution to question the constitutionality of an emergency decree. The NAP argued that since there was no emergency nor necessary urgency (under Article 218(2)), the government could not issue any emergency decrees. Article 219, however, specifically notes the constitutionality of an emergency decree can be questioned only on Article 218(1) concerning the maintenance of national or public safety, national economic security, or to avert public calamity. The government, fearing further economic damage if the decree were delayed, opposed the court's acceptance of the complaint, as the opposition clearly had failed to cite the proper constitutional clause. The court wished to set a precedent, however, demonstrating it would accept petitions under Article 219, even if technically inaccurate. Within a day it ruled that it was obvious to the general public that the nation was in an economic crisis, and that the decrees were designed to assist with national economic security in accordance with Article 218(1). The decrees were later quickly approved by Parliament. The NAP's last minute motion damaged its credibility, and made it unlikely that Article 219 will be invoked unless there is a credible issue and the issue is raised and discussed at the beginning of parliamentary debate, rather than at the last-minute before a vote. On the other hand, a precedent was established by the court that it would accept all petitions under Article 219 to preserve Parliament's right to question the constitutionality of emergency executive decrees.


Treaty status of IMF letters of intent

The NAP later filed impeachment proceedings with the National Anti-Corruption Commission (NACC) against prime minister
Chuan Leekpai Chuan Leekpai MPCh MVM ThChW (, , ; ; born 28 July 1938) is a Thai politician who served two terms as the prime minister of Thailand, from 1992 to 1995, and from 1997 to 2001. He is also the former president of the National Assembly of Tha ...
and the minister of finance
Tarrin Nimmanahaeminda Tarrin Nimmanahaeminda (born October 29 1945 in Mueang Chiang Mai) is a Thai economist and government minister. He was the Minister of Finance from 1992 to 1995 and from 1997 to 2001. References 1945 births Tarrin Nimmanahaem ...
for violation of the Constitution. The NAP argued that the
letter of intent A letter of intent (LOI or LoI, or Letter of Intent) is a document outlining the understanding between two or more parties which they intend to formalize in a legally binding agreement. The concept is similar to a heads of agreement, term she ...
that the government signed with the International Monetary Fund (IMF) to secure emergency financial support was a
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
, and that Article 224 of the constitution stipulated that the government must receive prior consent from Parliament to enter a treaty. The NACC determined the issue concerned a constitutional interpretation and petitioned the Constitutional Court for an opinion. The court ruled the IMF letters were not treaties, as internationally defined, because they were unilateral documents from the Thai government with no rules for enforcement or provisions for penalty. Moreover, the IMF itself had worded the letters in a way that stated that the letters were not
contractual agreement A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those a ...
s.


Appointment of Jaruvan Maintaka as auditor-general

On 24 June 2003, a petition was filed with the Constitutional Court seeking its decision on the constitutionality of
Khunying Jaruvan Maintaka Honorifics are a class of words or grammatical morphemes that encode a wide variety of social relationships between interlocutors or between interlocutors and referents.Foley, William. ''Anthropological Linguistics: An Introduction''. Oxford: Blac ...
's appointment by the Senate as auditor-general. Jaruvan was one of three nominees for the position of auditor-general in 2001, along with Prathan Dabpet and Nontaphon Nimsomboon. Prathan received five votes from the eight person State Audit Commission (SAC) while Jaruvan received three votes. According to the constitution, State Audit Commission chairman
Panya Tantiyavarong Panya () is a rural locality (a village) in Leninskoye Rural Settlement, Kudymkarsky District, Perm Krai, Russia. The population was 11 as of 2010. Panya is located 28 km south of Kudymkar Kudymkar (; , ''Kudinkar''; Komi-Permyak: ), is a to ...
should have submitted Prathan's nomination to the Senate, as he received the majority of votes. However, on 3 July 2001, the SAC chairman submitted a list of all three candidates for the post of auditor-general to the Senate, which later voted to select
Khunying Jaruvan Maintaka Honorifics are a class of words or grammatical morphemes that encode a wide variety of social relationships between interlocutors or between interlocutors and referents.Foley, William. ''Anthropological Linguistics: An Introduction''. Oxford: Blac ...
. The Constitutional Court ruled on 6 July 2004 that the selection process that led to the appointment of Jaruvan as auditor-general was unconstitutional. The court noted that the constitution empowers the SAC to nominate only one person with the highest number of votes from a simple majority, not three as had been the case. The court stopped short of saying she had to leave her post. However, when the Constitutional Court had ruled on 4 July 2002 that the then
Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
chairman Sirin Thoopklam's election to the body was unconstitutional, the president of the court noted "when the court rules that the selection rocesswas unconstitutional and has to be redone, the court requires the incumbent to leave the post". Jaruwan refused to resign without a royal dismissal from
King Bhumibol Adulyadej Bhumibol Adulyadej (5 December 192713 October 2016), titled Rama IX, was King of Thailand from 1946 until his death in 2016. His reign of 70 years and 126 days is the longest of any Thai monarch, the longest on record of any independent ...
. She noted "I came to take the position as commanded by a royal decision, so I will leave the post only when directed by such a decision." The State Audit Commission later nominated Wisut Montriwat, former deputy permanent secretary of the ministry of finance, for the post of auditor-general. The Senate approved the nomination on 10 May 2005. However,
King Bhumibol Adulyadej Bhumibol Adulyadej (5 December 192713 October 2016), titled Rama IX, was King of Thailand from 1946 until his death in 2016. His reign of 70 years and 126 days is the longest of any Thai monarch, the longest on record of any independent ...
, in an unprecedented move, withheld his royal assent. The National Assembly did not hold a vote to overthrow the royal veto. In October 2005, the Senate rejected a motion to reaffirm her appointment, and instead deferred the decision to the SAC. On 15 February 2006 the State Audit Commission (SAC) reinstated Auditor-General
Khunying Jaruvan Maintaka Honorifics are a class of words or grammatical morphemes that encode a wide variety of social relationships between interlocutors or between interlocutors and referents.Foley, William. ''Anthropological Linguistics: An Introduction''. Oxford: Blac ...
. Its unanimous decision came after it received a memo from the office of King
Bhumibol Adulyadej Bhumibol Adulyadej (5 December 192713 October 2016), titled Rama IX, was King of Thailand from 1946 until Death and funeral of Bhumibol Adulyadej, his death in 2016. His reign of 70 years and 126 days is the longest of any List of Thai mo ...
's principal private secretary, directing that the situation be resolved. The controversy led many to reinterpret the political and judicial role of the King in Thailand's constitutional monarchy.


Thaksin Shinawatra's alleged conflicts of interest

In February 2006, 28 Senators submitted a petition to the Constitutional Court calling for the prime minister's impeachment for conflicts of interest and improprieties in the sell-off of
Shin Corporation Intouch Holdings PCL (; formerly Shin Corporation) is a Thai holding company which focuses on the telecommunication industry. It is the parent company of Advanced Info Service (AIS), the largest mobile phone operator in Thailand, and Thaicom, ...
under Articles 96, 216 and 209 of the Thai constitution. The Senators said the prime minister violated the constitution and was no longer qualified for office under Article 209. However, the court rejected the petition on 16 February, with the majority judges saying the petition failed to present sufficient grounds to support the prime minister's alleged misconduct.


Political parties dissolution following the April 2006 election


Court rejects flawed oath petition

In September 2019, the court rejected a petition lodged by the Ombudsman of Thailand regarding the incomplete oath recited by Prime Minister
Prayut Chan-o-cha Prayut Chan-o-cha (sometimes spelled Prayuth Chan-ocha; , ; born 21 March 1954) is a former Thai politician, army officer and dictator who became the 29th prime minister of Thailand after seizing power in the 2014 Thai coup d'état, 2014 coup ...
and his cabinet in July 2019. The prime minister failed to recite the final sentence of the oath which pledges to uphold and abide by the Constitution. The court ruled that it was "not in its authority" to make a ruling on the issue, in effect ruling that vows to uphold the constitution are none of the Constitutional Court's business.


Future Forward Party dissolution

On 20 November 2019, the court convicted
Thanathorn Juangroongruangkit Thanathorn Juangroongruangkit (, ; born 25 November 1978) is a Thai businessman, politician, and activist who served as the leader of the Future Forward Party from 2018 to 2020. From 2002 to 2018, he was the vice president of the Thai Summit ...
, disqualifying his MP status. On 21 February 2020,
Future Forward Party The Future Forward Party (FFP; , ; otherwise known as 'New Future Party') was a social democratic and progressive List of political parties in Thailand, Thai political party from March 2018 to February 2020. The party was founded on 14 March 20 ...
was dissolved in the court ruling, which said that the party was in violation of election laws regarding donations to political parties. The party was loaned 191.2 million
Baht The baht (; , ; currency sign, sign: ฿; ISO 4217, code: THB) is the official currency of Thailand. It is divided into 100 ''satang'' (, ). Prior to decimalisation, the baht was divided into eight ''fueang'' (, ), each of eight ''at'' (, ). The ...
(about US$6 million) from its leader, Thanathorn, according to the court, counted as a donation. The dissolution order drew criticism from commentators inside and outside the country, who characterized it as part of the military's continued interference in Thai politics, noting that the party's vocal anti-military position made it a target and that the other parties' finances were not similarly scrutinized.


Court rules that Prayut not "state official"

The court ruled in September 2019, that General Prayut, on seizing power in May 2014 with no authorization to do so, answering to no other state official, and holding onto his power only temporarily, could not be considered a state official. The ruling bears on Prayut's eligibility to serve as prime minister.


Court rules that the monarchy reform is to overthrow the state and the monarchy

On 10 November 2021, the court ruled that Arnon, Panupong, and Panusaya of the
2020–2021 Thai protests In Thailand, protests began in early 2020 with demonstrations against the government of Prime Minister Prayut Chan-o-cha. They later expanded to include the unprecedented demands for reform of the Monarchy of Thailand, Thai monarchy. The protes ...
' 10-point call for reforms of the monarchy in 'Thammasat will not tolerate' rally on 10 August 2020 aimed to overthrow the state and the monarchy in their speeches. The court ordered them and other protest groups to end all monarchy reform movements. The petition was filed by Natthaporn Toprayoon on 3 September 2020. The court explained that such demands were an "abuse of the rights and freedoms and harmed the state's security", but the court did not enforce a punishment on them, ruling on the constitutionality of their demands. Three protest leaders deny seeking to overthrow the monarchy. Evidence submitted by the defence was not examined by the court. Their lawyer and Panusaya walked out of the middle of hearing. The court also rules that sovereign power belongs to the monarchy not the people. Sunai Phasuk of
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
described the ruling as "essentially a judicial coup" that could escalate more legal cases against protesters, possibility treason. This could lead to an end to Thailand's
constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
rule and replacing with absolute monarchy.
Jonathan Head Jonathan Head is the South East Asia Correspondent for BBC News, the main newsgathering department of the BBC, and its 24-hour television news channels BBC World News and BBC News Channel, as well as the BBC's domestic television and radio channe ...
of
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
described this ruling forcefully shuts down any room in Thailand for public discussion of the monarchy, but private discussion and social media discussion will continue on, regardless of the government efforts to stop. It was seen as another politicised intervention on the side of conservatives, royalists, by the independent court. On 11 November 2021, the court website was hacked. Its homepage was renamed to the
Kangaroo Court Kangaroo court is an informal pejorative term for a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court ma ...
and a YouTube video of a song, ''Guillotine (It goes Yah)'' by
Death Grips Death Grips is an American experimental hip-hop band formed in 2010 in Sacramento, California. The group consists of producers Zach Hill (drums), Andy Morin (keyboard), and vocalist Stefan Burnett, also known as MC Ride. Though he is not the ...
.


Same sex marriage

In 2021, the court ruled that Section 1448 of the Civil and Commercial Code interpreting marriages as only between women and men is constitutional. The full text of the ruling says that members of the LGBTQ community cannot reproduce, as it is against nature, and that they are no different from other animals with unusual behaviours or physical characteristics. The text was deemed by some as
sexist Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...
,
politically incorrect "Political correctness" (adjectivally "politically correct"; commonly abbreviated to P.C.) is a term used to describe language, policies, or measures that are intended to avoid offense or disadvantage to members of particular groups in society. ...
and demeaning.


Prayut's term limit

According to the 2017 constitution, the position of prime minister has a term limit of eight years. On 30 September 2022, the court ruled 6–3 that this term limit was counted from when the constitution was promulgated, which allowed Prayut Chan-o-cha to remain prime minister despite having held the position since coming to power in the 2014 coup.


See also

*
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
*
Constitution of Thailand The Constitution of the Kingdom of Thailand (; ) provides the basis for the rule of law in Thailand. Since the abolition of the absolute monarchy in 1932, Thailand has had 20 charters or constitutions. Many changes followed military coups, ref ...
*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
* History of Thailand since 2001 *
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
Jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
*
Rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
*
Separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...


References


Further reading


In English

* * * * * * *


In Thai

* * * * * * * * * * * * * * * * * * *


External links


Constitutional Court on Facebook
{{DEFAULTSORT:Constitutional Court of Thailand
Thailand Thailand, officially the Kingdom of Thailand and historically known as Siam (the official name until 1939), is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. With a population of almost 66 million, it spa ...
Constitutional law Law of Thailand Constitution of Thailand Courts in Thailand Government of Thailand Organizations based in Bangkok 1997 establishments in Thailand Legal history of Thailand Courts and tribunals established in 1997 Network monarchy Controversies in Thailand