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
TABLE OF CONTENTS
PDF (460KB)
Title
page,
Content,
etc.
Preface
Acknowledgement
CHAPTER
1:
OVERVIEW
OF
THE
POLITICAL
AND
LEGAL
REFORM
IN
THAILAND
CHAPTER
2:
TRANSPARENT
AND
ACCOUNTABLE
GOVERNMENT
IN
THAILAND
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
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
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
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
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
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
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