Thailand Law Library

by Thailand Lawyer

In case of emergency and necessary urgency in order to maintain national security, public safety, national economic security or to avert public calamity or there is necessary to have a law on taxes, duties or currency which requires an urgent and confidential deliberation, the King has the prerogative to issue an Emergency Decree which shall have the force as an Act.

When the Emergency Decree comes into force, the Council of Ministers shall introduce such Emergency Decree to the National Legislative Assembly without delay. If the National Legislative Assembly approves such Emergency Decree, it shall continue to have the force as an Act. In case of disapproval, such Emergency Decree shall lapse. In this case, the lapsed Emergency Decree shall not affect any act done through the period of its enforcement. If the lapsed Emergency Decree has the effect of amending or repealing any provision of any Act, the provision that in force before the amendment or repeal shall continue to be in force as from the day such Emergency Decree had lapsed.

An approval or disapproval of the Emergency Decree shall be published in the Government Gazette. In case of disapproval, it shall be effective as from the date of its publication in the Government Gazette.

The King has the prerogative to issue a Royal Decree which is not contrary to the law, the prerogative to grant a pardon and other prerogatives in accordance with the constitutional convention under a democratic regime of government with the King as the Head of State.

The King has the prerogative to conclude a peace treaty, armistice and other treaties with other States or international organizations.

A treaty which provides for a change of the territories of Thailand or the external territories that Thailand has sovereign rights or jurisdiction thereon under any treaty or an international law, or requires an enactment of an Act for its implementation or has wide scale effects on economic or social security of the country, shall be approved by the National Legislative Assembly. In this case, the National Legislative Assembly shall complete its deliberation within sixty days as from the date of receipt of such matter.

The treaty with wide scale effects on economic or social security of the country under paragraph two means a treaty related to free trade or customs cooperation area, to the use of natural resources, to waive the rights in any natural resources of the country, wholly or partly, or other matters as prescribed by law.

If there is in doubt whether any treaty is a treaty under paragraph two or paragraph three, the Council of Ministers may request the Constitutional Court to make a decision thereon. In this case, the Constitutional Court shall have a decision within thirty days as from the date of receipt of the request.

The King appoints and removes officials in the military service and civil service who hold positions of Permanent Secretary of State, Director-general and their equivalents, judges, positions of the Constitutional Organs established by the Constitution of the Kingdom of Thailand B.E. 2550 (2007) and other officials as prescribed by laws, except in the case where they vacate office upon death.

All laws, Royal Manuscripts and Royal Commands related to State affairs shall be countersigned by a Minister; provided that otherwise prescribed by this Constitution.

Judges are independent in the trial and adjudication of cases in the name of the King in accordance with the Constitution and laws.