Power in Thailand
- December 27th, 2011
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by Mr. Ponthep Werachon
Thai Solicitor
Mrs.Darunee Werachon
Thai Solicitor & Accountant
WERACHON LAW OFFICE : 315/304, Moo 12 Theppasit Road (Soi 12) Nongprue,Banglamung, Pattaya City Chonburi 20260
Kingdom of Thailand Tel: (038) 304 084, (038) 251 533, Fax: (038) 304 027 Mobile: 081 423 4255, 089 889 6483, Website: www.thaisolicitor.com, e-mail: thai@werachonlawyers.com
Foreigners contemplating to settle down in Thailand should first learn about Thai laws by just having a glass of beer and read this article. Justice is what we expect which can be found in a law. Some people may become suspicious that law is not always equated to justice in this land of smiles. We may not say that Thailand is a law-abiding country up to the degree many of you expect. However, it is undeniable that Thai people still enjoy the harmony in their lives. Can people say Thailand is a lawless society? What is the country that is the most law-abiding and utopist society?
Thai people are very famous for their tolerance but notorious for their indiscipline with the mentality of “Mai Pen Rai”. What is behind their harmony?
Thai people are always proud of our Constitutional Monarchy, which unifies all of us for many centuries. The first westernized constitution was given by the King Rama VII in 1932. However, if we deem that “Magna Carta” of King John of England in 13th century was the first modern constitution, we may be also proud to say that “the Great Stone of King Ramkhamhaeng” can be also deemed our first constitution. Dating back to 13th century King Ramkhamhaeng of Sukhothai engraved the Great Stone to guarantee the rights of people in the nation. This great stone guarantee the rights of people to have free trade without tax. Now this stone is kept in the national Museum in Bangkok. In Sukhothai period Thai people traded with Chinese and Persian before the European came in 14th century.
The judicial institution based on the principle that the king was the “Fountain of Justice”. In this regard, King Ramakhamhaeng hung the bell in front of the royal palace in order that people could ring to file the petition with the King for their grievance. This tradition continues until now that all people including all Thai and foreigners may forward the petition to His Majesty the King for any grievance they have. In the Criminal Procedure Code of Thailand specifies the right of people serving the grave punishment may file the petition to His Majesty the King for Royal Pardon. Under the law, all capital punishment must be forwarded to his Majesty the King.
The King plays the important role as the leader in the hearts and souls of people the nations. All religions are equally treated under the royal patronage. The King graciously exercises his power through the three institutions, which are: -
1) Executive power through the government
2) Judicial power through the Courts of Justice, Administrative Courts and Constitutional Courts
3) Legislative power through the parliament the upper and lower houses
The legal mechanisms to protect your fundamental rights and freedom under the Constitution
The Thai constitution 1997 is deemed as the most modern constitution in the world. This constitution introduces the modern mechanisms to guarantee the fundamental rights and liberty of people. The non judicial independent institutions are set up, i.e., human right committee and ombudsman. Unfortunately, this constitution was abolished by the military junta. However, the present constitution 2008 still adopts this mechanism.
Thai modern laws have methodic influence from the continental system hybridized with Thai legal concept developed for many centuries. All Thai laws are written down in codifications, act, royal decrees or ministerial regulations. There are seven codes, i.e., Civil and Commercial Code, Civil Procedure Code, Penal Code, Penal Procedure Code, Revenue Code, Military Code and Land Code.
The local councils (Or.Bor.Jor) also have power to legislate laws and regulations for local administration.
The main law for the country is the Thai constitution, which is prevalent over all laws of the national. That is to say, no law or treatment can be contrary to the constitution. To guarantee this principle, we have the Constitutional Court empowered to adjudicate and nullify all laws or treatments which are deemed in violation or contradiction to the Constitution. The Administrative Courts are empowered to nullify all executive orders which are in violation of the laws. The landmark case of the Administrative Court nullifying the resolution passed the cabinet in relation to the controversial archeological site is the good example.
The prominent example of the influence of the Constitution was the order of the then government in 1999 to guarantee the equality of people under the Constitution regardless of the gender. Before 1999, all Thai women married foreigners could not have the ownership on the land while Thai men married foreigners still enjoyed the ownership of land. The then government had the executive order for the Land Department to abolish that restriction. Now Thai women married foreigners may freely own land under the condition that they have to declare that the money they buy the land is her money alone not her husband. The land will be automatically become the private property of only a wife. A husband will have no right and say in case of divorce or separation.
We can legally say that foreigners may enjoy all rights under Thai law unless there is a clear restriction imposed by the law, e.g., foreigner cannot own the land because there is a restriction under the Land Code. But foreigners can the ownership of the land by succession because there is no restriction.
There are always questions if foreigners are fairly treated under Thai laws. Legally speaking, every country has laws imposing restrictions to foreigners. We have to consider without bias if the legislation in question is necessary for that country. If we put rating of country in this world of the most legal tolerance, we are confident that Thailand is not the worst one!
