Section Code: 0001 - 0005
CONSTITUTION OF THE KINGDOM OF THAILAND
B.E. 2557 (2014)
Somdet Phra Paramintharamaha Bhumibol Aduyadej Sayamintharathirat Borommanatthabophit
Given on the 22nd Day of July B.E. 2557 (2014)
Being the 69th Year of the Present Reign
Phrabat Somdet Phra Paramintharamaha Bhumibol Aduyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayamintharathirat Borommanatthabophit is graciously pleased to proclaim that:
Whereas the National Council for Peace and Order comprising military and police forces respectfully informed His Majesty that severe political conflict had emerged and continued within the precinct of Bangkok Metropolitan and the contiguous areas for the extended period of time and had hastily spread throughout almost all regions of the country. This situation had not only broken the unification of the people but also instituted harmful attitude amongst Thais. The use of illegal force and lethal weapons against whom having different attitudes came out several times. Public safety and living conditions of the people became hardship accordingly. National economic and State administration had then been interrupted and the exercise of the sovereign powers through the legislative, the executive and the judiciary had likewise been disrupted thereby. Law enforcement was failure. This sort of perplexity had never been found. Though the government tried to solve the problem through the existed legal mechanisms and measures, e.g. applying the laws relating to the maintenance of public peace and order, dissolving the House of Representatives and running the general election; and such third parties as private entities, the Constitutional Organizations, political parties, the armed forces and the Senate tried to figure out the conflict by means of peaceful negotiation, these tries however came to no avail. In addition, the new legal and political conflicts unveiled and made the problems more complicated. The divergence of thoughts had broadened widely and became more seriously till the portrayal of riot was foreseeable. This chaotic situation might be harmful to lives, properties and living conditions of the public at large, works and debts of farmers; especially rice farmers, national economic development, prevention of natural disasters, trust in sovereign powers and confidence of foreign investors. Further, criminals took this chance to do more crimes and ignited much unrest which inevitably undermined national security and reliance of the public to the democratic regime of government with the King as the Head of State. The National Council for Peace and Order therefore had no choice to deal with the problems other than seizing and taking control of the State administration on the 22nd Day of May B.E. 2557 (2014). In addition to declaring the Constitution of the Kingdom of Thailand B.E. 2550 (2007), except the provisions of Chapter II The King, come to an end, the National Council for Peace and Order planned to restore national peace and order and the plan was divided into three phases. The first and most urgent phase was to deter the use of illegal force and lethal weapons, to cease public mistrust and to alleviate economic, social, political and administrative problems accumulated for more than six months. The second phase was to bring into force the Interim Constitution in order to establish the National Legislative Assembly to exercise the legislative power and the Council of Ministers to exercise the executive power so as to restore national peace and order, public unification and justice, to solve economic, social, political and administrative problems and to enact urgent and necessity legislations. The National Reform Council and other necessary entities shall be established to drive political and other reformations systematically. The new Constitution laying down appropriate political system, measures for prevention and suppression of corruption and efficient, effective and fair measures for examination of the exercise of State powers shall also be drafted and completed within this phase. All these missions shall be handed on to the representatives and the Council of Ministers under the new Constitution in the last and final phase. For the completion of the restoration plan as mentioned above, regard shall be had to fundamental principles rather than symbolic procedure of the democratic regime of government. In order to facilitate the restoration process, peaceful atmosphere and harmony shall be created and maintained so as to bring back public pleasure, meanwhile the unclear, inefficient and unfair rules and procedures which were the causes of conflict shall be reviewed in compliance with real public needs. Though the completion of the restoration process as planned might take a period of time, but value arising therefrom would be better than letting the crisis went along disorderly. Be it, therefore, commanded by the King that the following provisions shall be promulgated as the Interim Constitution of the Kingdom of Thailand until the new Constitution drafted under the provisions of this Constitution comes into force.
Thailand is one and indivisible Kingdom.
Section 2. Thailand adopts a democratic regime of government with the King as the Head of State.
The provisions of Chapter II The King of the Constitution of the Kingdom of Thailand B.E. 2550 (2007) which still in force by the Notification of the National Council for Peace and Order No. 11/2557 dated 22nd Day of May B.E. 2557 (2014) shall be continued in force as an integral part of this Constitution, but, subject to section 43 paragraph one, anywhere in those provisions which refer to the National Assembly or the President of the National Assembly shall mean the National Legislative Assembly or the President of the National Legislative Assembly under this Constitution, as the case may be.
Sovereign powers belong to Thai people. The King as the Head of State shall exercise such powers through the National Legislative Assembly, the Council of Ministers and the Judiciary under the provisions of this Constitution.
Subject to the provisions of this Constitution, all human dignity, rights, liberties and equality of the people protected by the constitutional convention under a democratic regime of government with the King as the Head of State, and by international obligations bound by Thailand, shall be protected and upheld by this Constitution.
Whenever no provision under this Constitution is applicable to any case, it shall be done or decided in accordance with the constitutional convention under a democratic regime of government with the King as the Head of State, but such constitutional convention shall not contrary to, or inconsistent with, this Constitution.
In the case where the question concerning the decision under paragraph one arises in the affairs of the National Legislative Assembly, it shall be decided by the National Legislative Assembly. If the question does not arise in the affairs of the National Legislative Assembly, the National Council for Peace and Order, the Council of Ministers, the Supreme Court or the Supreme Administrative Court may request the Constitutional Court to make decision thereon, but the request of the Supreme Court or the Supreme Administrative Court shall be approved by the plenary session of the Supreme Court or the Supreme Administrative Court and on the matter related to the trial and adjudication of cases.