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Thailand Constitution, Politics, and Administration

Thailand Constitution, Politics, and Administration. Unit 2. GOVERNANCE. Thailand is a democracy under a constitutional monarch, with the Constitution as the highest body of law. The current version is the 18 th Constitution which has been place since 2007

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Thailand Constitution, Politics, and Administration

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  1. Thailand Constitution, Politics, and Administration Unit 2

  2. GOVERNANCE • Thailand is a democracy under a constitutional monarch, with the Constitution as the highest body of law. • The current version is the 18th Constitution which has been place since 2007 • The current monarch is His Majesty King BhumibolAdulyadejMaharaj, or Rama IX, the 9th king of the Chakri Dynasty. • His Majesty is the world’s longest serving monarch, having been the head of the state for over 60 years. He acceded the throne on June 9, 1946.

  3. Thai Constitution Principle • Unity • The Supremacy of the Monarchy • People Power to the 3 Sovereign Power • Human Right for Thai People and Aliens/Foreigners living in Thailand • Equality for Thais • The Supremacy of Constitutional Thai Law • Customary Law

  4. UNITY • "the king as the individual and the monarchy as the institution have merged to represent the ultimate symbol of unity of Thailand". • King Bhumibol stressed that political unity had to come from within. "If Thai citizens still hold this harmony in their hearts, there is hope that in whatever the situation, Thailand will surely get through it safely and with stability," he said.

  5. The Supremacy of the Monarchy • His Majesty the King has the power to intervene any political conflict beyond administrative control

  6. THE BLACK MAY

  7. Constitutional Monarchy Government Structure • In 1932 Thailand peacefully switched from Absolute Monarchy to Constitutional Monarchy. Thailand has been following the ways of a Western Democratic System, and has been making changes to its way of governing to meet the demand of its citizens.  

  8. THAI CONSTITUTIONAL FRAMEWORK Sovereign Power Judicial Executive Legislative Cabinets (Council of Ministers) Parliaments (Nation Assembly) Judges Constitutional Tribunal Prime Minister’s Office Ministry of: Justice, Defense, Commerce, Education, University Affairs, Public Health, Transportation & Communication, Science Technology & Environment, Agriculture, Labor & Social Welfare, Foreign Affairs Senate (Upper House of Parliament) House of Representative (Lower House of Parliament) Civil Court of Justice Appeal Administrative Court 150 members: 77 elected from 77 provinces and 73 selected from the 7 heads committee 500 members: 375 elected from 375 election areas and 125 from party list Supreme Military Court

  9. PEOPLE POWER TO THE 3 BRANCHES • The Constitution of Thailand decrees that “sovereign power is in the hands of people”, meaning that citizens have a duty to exercise power by voting for others represent them and work for their mutual interest.

  10. THE EXECUTIVE BRANCH • King as the Chief of State and Prime Minister as the Head of the government • It is the Cabinet Ministers with assigned responsibilities to administer certain aspects of national life.

  11. THE LEGISLATIVE BRANCH • The National Assembly of Thailand is the parliament with the duty to make laws and maintain checks and balances on the executive branch. Parliament is comprised of 2 houses: • The House of Representatives – with members elected by the people to serve 4-year terms. • The Senate – with elected and appointed senators who serve 6-year terms.

  12. THE JUDICIAL BRANCH • or court system is the 3rd branch, with the duty to decide legal cases and issues, interpret laws and uphold justice for all citizens. Composed of Judges. • Supreme Court • Constitutional tribunal • Court of Justice • Administrative Court

  13. SOCIAL JUSTICE & HUMAN RIGHTS QUESTION TITLE: “What Can You Say About the Depth Analysis of Social Justice and Human Rights in Thailand?” PROJECT: • Read and Understand the Analysis Paper given to you. Write your opinion in 1-2 pages of paper (individual) 4-5 pages (group). • Submission will be on December 4.

  14. THAI LAW SUPREMACY • The Supremacy of Thai Law says, “Any policies being formulate or made should agree and would not be against the Constitutional Law of the Land.”

  15. Customary Law • A law related to Thai culture, religion, tradition, and custom • Example: • Foreigners who reside in Thailand cannot legally buy a land unless he/she is legally married to a Thai-citizen. Still, the land is legally owned by the Farang’s-wife!

  16. Rights & Liberties of Thai People • General Provisions • Equality • Rights and Liberties of Individual • Rights in Judicial Process • Property Right • Rights and Liberties in Occupation • Freedom of Expression of Individual and the Press • Rights and Liberties in Education • Rights to Public Health Services and Welfare • Rights to Information and Petition • Liberties to Assembly and Association • Community Rights • Right to Protect the Constitution

  17. General Provisions – Thai people have rights and liberties according with the provisions of the Constitution. • Equality – All Thais are equal before the law and shall enjoy equal protection under the law. • Rights and Liberties of Individual – a person shall enjoy the right and liberty in his life and person. • Rights in Judicial Process – the suspect or the accused in a criminal case shall be presumed innocent and have the rights in judicial process. • Property Right – the property right of a person is protected. • Rights and Liberties in Occupation – the right to work and the liberty to engage in an enterprise.

  18. 7. Freedom of Expression of Individual and the Press – a person shall enjoy the liberty to express his opinion, make speech, write, print, publicize, and make expression by other means. 8. Rights and Liberties in Education – a person shall enjoy an equal right to receive education for the duration of not less than 12 years which shall be provided by the State thoroughly, up to the quality, and without charge. 9. Rights to Public Health Services and Welfare – children and youth shall enjoy the right to survive and to receive physical, mental, and intellectual development potentially in suitable environment with due regard to their participation. 10. Rights to Information and Petition - A person shall have the right to receive and to get access to public information, unless the disclosure of such information shall affect the security of State.

  19. 11. Liberties to Assembly and Association - A person shall enjoy the liberty to unite and form an association, a union, a league, a co-operative, a farmer group, a private organization, a non-governmental organization or any other group as long as it peaceful and without arm. 12. Community Rights - Persons assembling as to be a community, local community or traditional local community shall have the right to conserve or restore their customs, local wisdom, arts or good culture of their community and of the nation and participate in the management, maintenance and exploitation of natural resources, the environment and biological diversity in a balanced and sustainable fashion. 13. Right to Protect the Constitution - No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution.

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