Sources of Law
The Rattanakosin Kingdom and the four traditionally counted preceding kingdoms, collectively called Siam, had a largely uncodified constitution until 1932. In the King of Siam's preamble to the Penal Code which was promulgated on April 1, 1908, and came into operation on September 21st, his Majesty the king said: "In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of Manu, which was then the prevailing law among the inhabitants of India and the neighbouring countries."
The principle law sources in Thailand are:
- Constitution of Thailand - prevails over other laws.
- Acts and statutes - Many of which created and amended the 4 basic codes: Civil and Commercial Code (CCC), Penal Code (PC), Civil Procedure Code and the Criminal Procedure Code. Newer codes include the Land Code and Revenue Code. The year on statutes in Thailand is given in the Buddhist Era (BE) based on the Thai solar calendar.
- Emergency Decree or Royal Proclamation - this is made by the King, upon the advice of the Cabinet, where an urgent law is needed for national security, public safety, national economic stability or avert a public calamity. An example is the Emergency Decree on Public Administration in Emergency Situation BE 2548 (AD 2005).
- Treaties
- Subordinate Legislation - includes Regulations (Ministerial), Orders, Notifications, Royal Decrees and Rules.
- Supreme Court Opinions and other Judicial Decisions - Judicial precedent in Thailand is not binding. Courts are not bound to follow their own decisions and lower courts are not bound to follow precedents set by higher courts. However, Thai law has been influenced by common law precedent. Courts are therefore significantly influenced by earlier decisions or decisions of higher courts. The Supreme Court of Justice publishes it decisions, known as the Supreme Court Opinions. These are frequently used as secondary authority and are numbered according to the year issued. Other judicial decisions or rulings are published by the Administrative Court and the Constitutional Court.
Read more about this topic: Thai Law
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