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«This unofficial translation is provided as a public service through a collaboration of: Office of the United Nations Resident Coordinator in Thailand ...»

-- [ Page 1 ] --

Draft Constitution of the

Kingdom of Thailand

2016

Unofficial English Translation

This unofficial translation is provided as a public service through a collaboration of:

Office of the United Nations Resident

Coordinator in Thailand

This unofficial translation was made possible through the collaboration and

contributions of International IDEA (Australia), International Commission of

Jurists (Thailand) and the Office of the United Nations Resident Coordinator in Thailand (Thailand). Additional technical input was provided by Ms. Eugénie Mérieau, Science Po, Paris (France).

This unofficial translation would not have been possible without the contributions of the following individuals: Kingsley Abbott (Senior International Legal Advisor, Southeast Asia) and Jintana Sakulborirak (Associate National Legal Advisor) with the International Commission of Jurists in Bangkok, Thailand; Leena Rikkilä Tamang (Regional Director for Asia & the Pacific), Adhy Aman (Senior Programme Officer, Asia & the Pacific) with International IDEA in Canberra, Australia, and Sakool Zuesongdham (Consultant Translator to International IDEA) in Bangkok, Thailand; Michael L. Bäk (Advisor to the United Nations Resident Coordinator) with the United Nations in Thailand and Sunee Sakaorat (Consultant Translator to the United Nations) in Bangkok, Thailand;

and Ms. Eugénie Mérieau, Science Po (Paris, France).

For any feedback regarding this unofficial translation, please contact Michael L.

Bäk (michael.bak@one.un.org), Advisor to the United Nations Resident Coordinator in Thailand.

June 2016 The document contained herein was prepared originally in the Thai language by the Constitution Drafting Commission of the Kingdom of Thailand and released to the public in March 2016. This is an unofficial translation provided for reference only. It is provided for educational purposes and contains no legal authority. International IDEA, International Commission of Jurists and the United Nations (including any of their staff or consultants) shall not assume any responsibility for any liabilities arising from the use and/or reference of this text. The original Thai text as formally published by the Royal Thai Government shall in all events remain the sole authority having legal force.

Page 2 of 137

TABLE OF CONTENTS

Preamble………………………………………………………………………………………………………………….. 4 Chapter 1: General Provisions…………………………………………………………………………………… 7 Chapter 2: The King…………………………………………………………………………………………………… 9 Chapter 3: Rights and Liberties of the Thai People……………………………………………………. 14 Chapter 4: Duties of the Thai People……………………………………………………………………………… 23 Chapter 5: Duties of the State………………………………………………………………………………………. 24 Chapter 6: Policies of the State…………………………………………………………………………………….. 29 Chapter 7: National Assembly……………………………………………………………………………………….. 34 Part 1: General Provisions………………………………………………………………………………… 34 Part 2: House of Representatives………………………………………………………………………. 36 Part 3: The Senate…………………………………………………………………………………………... 48 Part 4: Provisions Applicable to Both Houses……………………………………………………… 51 Part 5: Joint Sittings of the National Assembly…………………………………………………….. 70 Chapter 8: Council of Ministers…………………………………………………………………………………….. 72 Chapter 9: Conflict of Interests……………………………………………………………………………………… 81 Chapter 10: The Courts…………………………………………………………………………………………………. 84 Part 1: General Provisions………………………………………………………………………………… 84 Part 2: Courts of Justice……………………………………………………………………………………. 85 Part 3: Administrative Courts………………………………………………………………………….... 87 Part 4: Military Courts……………………………………………………………………………………… 87 Chapter 11: The Constitutional Court…………………………………………………………………………….. 89 Chapter 12: Constitutional Organizations……………………………………………………………………….. 96 Part 1: General Provisions………………………………………………………………………………… 96 Part 2: The Election Commission……………………………………………………………………….. 98 Part 3: The Ombudsmen………………………………………………………………………………….. 102 Part 4: The National Counter Corruption Commission…………………………………………… 103 Part 5: The State Audit Commission…………………………………………………………………… 108 Part 6: The National Human Rights Commission…………………………………………………. 111 Chapter 13: Public Prosecution Organization………………………………………………………………….. 113 Chapter 14: Local Administration………………………………………………………………………………….. 114 Chapter 15: Amendment of the Constitution………………………………………………………………….. 117 Chapter 16: National Reform………………………………………………………………………………………… 119 Transitory Provisions…………………………………………………………………………………………………… 125 End……………………………………………………………………………………………………………………………. 137

–  –  –





–  –  –

May there be virtue. Today is ………………………… (Lunar calendar and Solar calendar are to be specified later), in the 2559th year of the Buddhist Era.

Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that; whereas the Prime Minister has informed the King that since His Majesty King Prajadhipok Phra Pokklao graciously granted the Constitution of the Kingdom of Siam, B.E. 2475, Thailand has continually upheld its intent to adhere to the principle of democratic regime of government with the King as Head of the State. Despite annulment, amendment, and promulgation of Constitutions on several occasions for the purpose of more appropriate administrative organization, the administration has not become stable or orderly owing to various problems and conflicts. Sometimes there have been constitutional crises with no solutions and partial causes thereof were attributed to the people who ignored or disobeyed administrative rules, corrupted or distorted power or did not recognize their responsibility to the nation and the public resulting in ineffective law enforcement. It is therefore of necessity to prevent and resolve these problems by means of educational reform and law enforcement and to strengthen a moral and ethical system.

Another reason concerned the consequences of political and administrative rules that were not appropriate for the situation of the country and the time period, and attached importance to the format and procedure rather than the fundamental principles of Page 4 of 137 democracy; or were unable to enforce the existing rules to various individual behaviors and crises whose format and procedure were different from the past.

Accordingly, the Constitution of the Kingdom of Thailand (Interim) B.E.2 5 5 7, Amendment (No. 1 ) B.E. 2 5 5 8 has provided for the establishment of the Constitution Drafting Committee with the duty to draft a constitution to serve as the principle of government and guideline for the drafting of organic laws and other laws, by prescribing new mechanisms for organizing and strengthening the administration of the country based on: the restructuring of the duties and powers of various Constitutional Organizations; the relationship between the legislative and the executive branches, as appropriate; the opportunity for the judicial institutions and other independent organizations responsible for the scrutiny of the exercise of State power to perform their duties in an efficient, honest and fair fashion and to participate in the prevention or crisis resolution of the country as necessary and appropriate; the more explicit and comprehensive recognition and protection of the rights and liberties of Thai people by holding the rights and liberties as the principle and the restriction of rights as the exception, however provided that the exercise of these rights and liberties must be within the rules to protect the general public. The provisions that the State shall be responsible to the people, and vice versa, and the placement of mechanisms to strictly prevent, monitor and eradicate corruption and misconduct - all are for the purpose of preventing leaders or officials of no morals, ethics and good governance from taking power in the administration of the country or exercising their power arbitrarily.

Stipulation of more effective measures to prevent and manage national crisis are also provided, including the establishment of other mechanisms pursuant to the provisions of the Constitution of the Kingdom of Thailand (Interim), B.E.2557, with a view to serving as a framework for national development under the policy of the State and the national strategy thereafter any ruler of the country may further formulate appropriate policies and procedures. The Constitution also creates mechanisms for united national reform in various important and necessary aspects as well as reduction of the conditions that lead to conflict in order to build peace in the country on the basis of unity and reconciliation. To achieve this goal requires co-operation from people in all sectors with the State agencies according to the people-state concept under the rules pertaining to the principle of democratic Page 5 of 137 government and traditional governance suitable for the situation and the characteristics of Thai society, the integrity, the human rights and good governance principles which will drive the development of the country in a strategic way towards political, economic and social stability, prosperity and sustainability in compliance with the democratic regime of government with the King as Head of the State.

In the implementation thereof, the Constitution Drafting Committee has built public awareness and understanding of the principles and justifications of all provisions on a periodic basis so as to provide the opportunities for the public to widely access the Draft Constitution and its explanations through a variety of media and to allow public participation in the development of the content of the Draft by providing recommendations on the revision it so requires. Upon completion, the Draft Constitution has been disseminated to the public with the summary of explanations on its essence in a manner which enables the public to easily and generally understand it, and has organized a referendum to approve the entire Draft Constitution. The result of the referendum is........

(pending the terms that match the referendum result)

Minister has presented the Draft Constitution to the King for His signature thereafter it shall be promulgated as the Constitution of the Kingdom of Thailand, and in this respect the King is of the opinion that

The King therefore has issued a Royal Command for enactment of this Constitution of the Kingdom of Thailand to replace the Constitution of the Kingdom of Thailand (Interim), B.E.2557, enacted on 22nd July 2014, from the date of this promulgation onwards.

May the people of Thailand be unanimously united in observing and protecting this Constitution of the Kingdom of Thailand for the purpose of upholding the democratic regime and sovereignty of the people of Thailand and brings peace, happiness, prosperity and dignity to all citizens throughout the Kingdom in every respect in accordance with the wish of His Majesty.

–  –  –

Section 2 Thailand adopts a democratic regime of government with the King as Head of the State.

Section 3 The sovereign power belongs to the Thai people. The King as Head of the State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of the Constitution.

The National Assembly, the Council of Ministers, the Courts, the Constitutional Organizations, and State organs shall perform duties in accordance with the Constitution, laws, and the rule of law for the common interests of the country and the well-being of the people as a whole.

Section 4 The human dignity, right, liberty and equality of the people shall be protected.

The Thai people shall enjoy equal protection under the Constitution.

Section 5 The Constitution is the supreme law of the State. The provisions of any law, rule, or regulation, or any action which are contrary to or inconsistent with the Constitution shall be unenforceable.

Whenever no provision under this Constitution is applicable to any case, it shall be acted or decided in accordance with the constitutional practice in the democratic regime of government with the King as Head of the State.



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