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New Legal Frameworks towards Political and Institutional Reform under the New Constitution of Thailand Faculty of Law Thammasat University Thailand

Asian Law Series

No.14

Edited by Faculty of Law Thammasat University Thailand
March 2002
TABLE OF CONTENTS
PDF pdf (460KB)

Title page, Content, etc. pdf

Preface  pdf

Acknowledgement  pdf

CHAPTER 1: OVERVIEW OF THE POLITICAL AND LEGAL REFORM IN THAILAND pdf

CHAPTER 2: TRANSPARENT AND ACCOUNTABLE GOVERNMENT IN THAILAND pdf
 I. Background and Introduction
 II. Legal Framework for Transparency and Accountability in Thailand
  1. Transparency in the Thai Context
   1.1 The Official Information Act and the Public Access
   1.2 Public Consultation
  2. Accountability under the New Constitution
   2.1 Accountability under the Constitutional Court
   2.2 Accountability under the Ombudsman
   2.3 Accountability under the Administrative Court

CHAPTER 3: POPULAR PARTICIPATION UNDER THE CONSTITUTION pdf
 I. Introduction
 II. Popular Participation in Respect of the Right Holders
  1. The Right of the Popular Participation Exercisable by Private Individuals
   1.1 The Rights and Liberties to Participate in Political Activities and in the Administration
   1.2 The Rights and Liberties to Participate in the Inspection of the Exercise of State Powers
  2. The Right of the Popular Participation Exercisable by Groups of Persons
  3. Popular Participation Exercisable by Local Communities
  4. The Popular Participation Exercisable by Local Government Organisations
 III. The Exercise of the Right of the Popular Participation Analysed by Reference to the Duty of the State
  1. The Right as the Individual Liberty (status negativus)
  2. The Right Enjoyable Only Upon Creation by the State (status positivus)
  3. The Right to Participate in the Exercise of State Powers or to Create the Political Will (status activus)
 IV. Measures and Mechanisms Facilitating Efficacy of the Right of Popular Participation
  1. Measures and Mechanisms Facilitating Popular Participation
   1.1 Political Measures and Mechanisms
   1.2 Legal Measures and Mechanisms
  2. Measures and Mechanisms Directing State Agencies to Act in accordance with the Constitution
   2.1 Binding Effect of the Constitutional Rights and Liberties on the National Assembly, Council of Ministers, Courts and other State Organs
   2.2 Recognition of the Right to Bring a Lawsuit Challenging Violation of Constitutional Rights and Liberties
   2.3 The Establishment of the Organs with Expertise to Guarantee the Rights and Liberties of the People

CHAPTER 4: PROTECTION OF HUMAN RIGHTS UNDER THE NEW CONSTITUTION pdf
 I. Introduction
 II. Human Rights under the Current Constitution
  1. Human Dignity
  2. Right and Liberty to Act by Reference to Religious Principles and Personal Beliefs
  3. Right of Children, Youth and Family Members
  4. Right and Liberty in Life and Person
   4.1 Rights and Liberties in Life and Person
   4.2 The Right to Criminal Justice Administration
 III. The Problem Regarding Aliens as the Holders of Rights and Liberties
 IV: Measures and Mechanisms for Preventing Human Rights Violation
  1. The Requirement That Legislation by the Legislative Restricting Rights or Liberties Be under the Conditions Provided by the Constitution
  2. The Protection of Human Rights by the Judiciary
  3. Protection of Human Rights and Examination of Violation of Human Rights under the Supervision of the National Human Rights Commission

CHAPTER 5: REFORM OF THE ELECTORAL SYSTEM FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATORS UNDER THE CONSTITUTION pdf
 I: Introduction
 II: Prologue to the Electoral System of Members of the House of Representatives and Senators
 III: Reform of the Electoral System for Members of the House of Representatives and Senators
  1. The Basic Principles of an Election
  2. The electoral system for Members of the House of Representatives and Senators
  3. The Election Commission
  4. Voters and Candidates
 IV. Conclusion

CHAPTER 6: LOCAL GOVERNMENT REFORM IN THAILAND UNDER THE NEW CONSTITUTION pdf
 I. Background and Introduction
 II. Local Government in the New Constitution
 III. Decentralisation in Practice: Decentralisation to Local Government Organisations Commission and Its Plan
  1. Structure of the Commission
  2. Implications of the Decentralisation to Local Government Organisations Plan 2000
  3. The Action Plan and Tambon Administrative Organisations in the Future
 IV. Concluding Remarks

CHAPTER 7: ANTI-CORRUPTION REFORM IN THAILAND pdf
 I. Background and Introduction
 II. The National Counter Corruption Commission
 III. Declaration of Accounts Showing Particulars of Assets and Liabilities as a Legal Framework
 IV. Removal from Office
 V. Criminal Proceedings Against Persons Holding Political Positions
 VI. The State Audit
 VII: Conclusion

CHAPTER 8: JUDICIAL REVIEW UNDER THE NEW CONSTITUTION pdf
 I: Introduction
 II. The Judicial System under the Current Constitution
  1. The Constitutional Court
   1.1 The Constitutionality Determination Role
   1.2 Determining Powers and Duties of Constitutional Organs
  2. The Courts of Justice
  3. The Administrative Courts
  4. The Military Court
 III. Relationship among Judicial Bodies
  1. Relationships between the Constitutional Court and other Courts
   1.1 Jurisdictional Relationship
   1.2 Binding Effect of the Constitutional Court’s Decisions
  2. The Relationships among the Court of Justice, the Administrative Court and the Military Court
 IV. Problems Involving Relationships among the Judiciary
  1. Jurisdiction of the Administrative Court over Independent Constitutional Organs
   1.1 The Offices of the Courts and Offices of the Independent Agencies
   1.2 Agencies or Bodies Supervising the Exercise of State Powers
   1.3 The Organ Supervising Elections
   1.4 Other Constitutional Bodies
  2. Administrative Disputes under Dual Jurisdiction: A Mistake?

CHAPTER 9: CONCLUSION  pdf