Sources of Law

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Sources of Thai Law

1. The Constitution
The Kingdom of Thailand is a constitutional monarchy, and the Constitution is the supreme law
of the country.  The Constitution is a lengthy document and provides for the powers of the King,
the National Assembly, the Council of Ministers, the Courts, and Constitutional Organs.  The
Constitution also includes provisions outlining the rights, liberties and duties of the people, and
enumerates directive principles of fundamental state policies relating to e.g. national security,
social and cultural affairs, foreign affairs, the economy and the environment.  The Constitution
may be amended by vote of more than one-half of the members of the National Assembly, with
the approval of the King, or if the King shall not approve the amendment, by vote of not less than
two-thirds of the members of the National Assembly.  Amendments changing the form of
government are not permitted.

2. Codified Laws
The fundamental laws that form the backbone of Thai law have been codified into four codes: 
the Civil and Commercial Code, the Penal Code, the Civil Procedure Code and the Criminal
Procedure Code.
 
The Civil and Commercial Code includes provisions relating to general principles, obligations,
contract law, property law, family law and the law of succession.  The provisions relating to
general principles are particularly significant because they are often applied to laws outside the
Civil and Commercial Code.
The Land Code (1954) was the first major legislation systemizing land laws in Thailand.
 

3. Acts, Treaties and Administration of Laws


Many important social and economic laws are embodied in acts, which are laws adopted by the
National Assembly, either with the approval of the King or, in the event that the King does not
approve a bill, with the approval of at least two-thirds of the members of the National Assembly.
Under the current Constitution, the King may enter into treaties with other countries and international
organizations, but treaties that change the territories over which the Kingdom of Thailand has
sovereignty or jurisdiction require the enactment of an Act for their implementation. Any other
material treaties must be approved by the National Assembly.
4. Judicial Decisions
Thailand is not a common law jurisdiction and judicial precedent is not binding on lower courts. The
Supreme Court of Justice is not bound to follow its own decisions, and lower courts are not bound to
follow precedents set by higher courts. In practice, however, the decisions of the Supreme Court of
Justice do have a significant influence on the Supreme Court of Justice itself and lower courts.
Supreme Court decisions are printed on a regular basis and distributed to law libraries and private
subscribers.
5. Primary Sources of Thailand Law
Government Gazette : All Acts, Royal Decrees, Ministerial Orders, Regulations and official
government notices are published in the Government Gazette.
Codes, Acts, Treaties and Judgments : The database section of the thailawforum website provides
original Thai language and English trasnalation of varous Thailand statutes, acts and important
supreme court cases. Constitution (Council of State English translation available)

Constitutional Court

Court of Justice

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