Thailand is an Asian country located on the shores of the Gulf of Thailand, and the Andaman Sea, sharing a border with Myanmar, Laos, Cambodia, Malaysia. The population of this country is approx 6,59,75,000 with 5,13,120 square kilometers area. Ethnically 80% are Thai people, with 12% Thai-Chinese people. Official language is Thai. Religiously 93% Buddhist.
No censorship of the media is allowed except in times of war. All state information not related to state security is open to the public. The state will encourage and support various types of cooperatives, small and medium startups.
The number of ministers will not exceed 35, which is certainly a good thing, which is political transparency. The prime minister, whether consecutive or not, will not serve for more than 8 years. In many countries of the world, the term of office of the president is limited, but the head of government is the prime minister - so where is the benefit? This issue has been properly resolved in Thailand.
Admirable Articles of Thailand's Constitution
Section 27
All persons are equal before the law, and shall have rights and liberties and be protected equally under the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic and social standing, religious belief, education, or political view which is not contrary to the provisions of the Constitution, or on any other grounds shall not be permitted.
Measures determined by the State in order to eliminate an obstacle to or to promote persons’ ability to exercise their rights or liberties on the same basis as other person or to protect or facilitate children, women, the elderly, persons with disabilities or underprivileged persons shall not be deemed as unjust discrimination under paragraph three.
Members of the armed forces, police force, government officials, other officials of the State, officers or employees of State organisations shall enjoy the same rights and liberties as those enjoyed by other persons, except those restricted by law specifically in relation to politics, capacities, disciplines or ethics.
Section 29
No person shall be subject to a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and prescribe a punishment therefor, and the punishment to be imposed on such person shall not be of greater severity than that provided by law in force at the time of the commission of the offence.
A suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict.
Custody or detention of a suspect or a defendant shall only be undertaken as necessary to prevent such person from escaping.
In a criminal case, a person shall not be forced to make a statement incriminating himself or herself.
An application for a bail of a suspect or defendant in a criminal case shall be accepted for consideration, and excessive bail shall not be demanded. The refusal of a bail must be as provided by law.
Section 30
Forced labour shall not be imposed, except by virtue of a provision of law enacted for the purpose of averting public calamity, or when a state of emergency or martial law is declared, or during the time when the country is in a state of war or armed conflict.
Section 33
A person shall enjoy the liberty of dwelling.
Entry into a dwelling without the consent of its possessor or a search of a dwelling or private place shall not be permitted, except by an order or a warrant issued by the Court or where there are other grounds as provided by law.
Section 35 (Part of it)
A media professional shall have liberty in presenting news or expressing opinions in accordance with professional ethics.
The closure of a newspaper or other mass media in deprivation of the liberty under paragraph one shall not be permitted.
Censorship by a competent official of any news or statements made by a media professional before the publication in a newspaper or any media shall not be permitted, except during the time when the country is in a state of war.
No grant of money or other properties shall be made by the State as subsidies to private newspapers or other private mass media. A State agency which pays money or gives properties to mass media, regardless of whether it is for the purpose of advertisement or public relations, or for any other similar purpose, shall disclose the details to the State Audit Commission within the prescribed period of time and shall also announce them to the public.
Section 40 (Part of it)
A person shall enjoy the liberty to engage in an occupation.
The restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of maintaining the security or economy of the country, protecting fair competition, preventing or eliminating barriers or monopoly, protecting consumers, regulating the engagement of occupation only to the extent of necessity, or for other public interests.
Section 41
A person and community shall have the right to:
1. be informed and have access to public data or information in possession of a State agency as provided by law;
2. present a petition to a State agency and be informed of the result of its consideration in due time;
3. take legal action against a State agency as a result of an act or omission of a government official, official or employee of the State agency.
Section 46
The rights of a consumer shall be protected.
A person shall have the right to unite and form a consumer organisation to protect and safeguard the rights of consumers.
The consumer organisations under paragraph two have the right to unite and form an independent organisation to strengthen the protection and safeguarding of the rights of consumers with support from the State. In this regard, the rules and procedures for the formation thereof, the power to represent consumers and financial support from the State shall be as provided by law.
Section 47
A person shall have the right to receive public health services provided by the State.
An indigent person shall have the right to receive public health services provided by the State free of charge as provided by law.
A person shall have the right to the protection and eradication of harmful contagious diseases by the State free of charge as provided by law.
Section 59
The State shall disclose any public data or information in the possession of a State agency, which is not related to the security of the State or government confidentiality as provided by law, and shall ensure that the public can conveniently access such data or information.
Section 60
The State shall maintain the transmission frequencies and the right to access a satellite orbit, which are national treasuries, in order to utilize them for the benefit of the country and the people.
The arrangement for utilisation of the transmission frequencies under paragraph one, regardless of whether it is for radio broadcasting, television broadcasting and telecommunications or for any other purposes, shall be for the greatest benefit of the people, security of the State, public interest as well as the participation of the people in the utilisation of transmission frequency, as provided by law.
The State shall establish a State organisation which is independent in performing duties to be responsible and supervise the undertakings in relation to transmission frequencies under paragraph two. In this regard, such organisation shall ensure that there are measures to prevent against unfair consumer exploitation or imposition of unnecessary burden on consumers, to prevent the interference of transmission frequencies, as well as to prevent an act which results in obstructing the liberty of the people to know or preventing the people from knowing true and accurate data or information, and to prevent any person or any group of person from utilising the transmission frequencies without considering the rights of general public. This shall include the prescription of a minimum proportion to be undertaken, for public interest, by a person utilising the transmission frequencies as provided by law.
Section 69
The State should provide and promote research and development of various branches of science, technology and disciplines of arts to create knowledge, development and innovation to strengthen the society and to enhance the competence of people in the Nation.
Section 72
The State should take actions relating to land, water resources and energy as follows:
1. to plan the country’s land use to be appropriate to the area conditions and potentials of the land in accordance with the principles of sustainable development;
2. to undertake town planning at every level and to enforce such town planning efficiently, as well as to develop towns to prosper and meet the needs of the people in the area;
3. to provide measures for distribution of landholding in order to thoroughly and fairly allow people to have land for making a living;
4. to provide quality water resources which are sufficient for consumption by the people, including for agriculture, industry and other activities;
5. to promote energy conservation and cost-effective use of energy, as well as to develop and support the production and use of alternative energy to enhance sustainable energy security.
Section 74
The State should promote abilities of the people to engage in work which is appropriate to their potentials and ages, and ensure that they have work to engage in. The State should protect labour to ensure safety and vocational hygiene, and receive income, welfare, social security and other benefits which are suitable for their living, and should provide for or promote savings for living after their working age.
The State should provide a system of labour relations for all relevant parties to participate in.
Section 75
The State should organise an economic system which provides opportunities for the people to all together benefit from the economic growth in a comprehensive, fair and sustainable manner and to be self-reliant in accordance with the philosophy of sufficiency economy, should eliminate unfair economic monopoly, and should develop economic competitiveness of the people and the country.
The State shall refrain from engagement in an enterprise in competition with the private sector, except in cases of necessity for the purpose of maintaining the security of the State, preserving common interests, providing public utilities or providing public services.
The State shall promote, support, protect and stabilise the system of various types of co-operatives, and small and medium enterprises of the people and communities.
In developing the country, the State should have due regard to the balance between the development of material and development of mind, as well as the well-being of the people.
Section 83
The House of Representatives consists of five hundred members, as follows:
● three hundred and fifty members elected on a constituency basis;
● one hundred and fifty members from party lists of political parties.
In the case where the office of a Member of the House of Representatives becomes vacant for any reason, and an election of a Member of the House of Representatives has not been held to fill the vacancy, or no declaration of name of a Member of the House of Representatives has been made to fill the vacancy, the House of Representatives shall consist of the existing members of the House.
In the case where there is any reason for the number of the Members of the House of Representatives by party list basis to be fewer than one hundred and fifty persons, the Members of the House of Representatives by party list basis shall consist of the existing members.
Section 158
The King appoints the Prime Minister and not more than thirty five other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs in accordance with the principle of collective responsibility.
The Prime Minister must be appointed from a person who is approved by the House of Representatives under section 159.
The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.
The Prime Minister shall not hold office for more than eight years in total, whether or not holding consecutive term. However, it shall not include the period during which the Prime Minister carries out duties after vacating office.
Section 184
A Member of the House of Representatives and Senator shall not:
1. hold any position or have any duty in a government agency, State agency or State enterprise, or hold a position of a member of a local assembly or a local administrator;
2. receive or interfere or intervene in the acquisition of any concession from the State, a government agency, State agency or State enterprise, or become a party to a contract of the nature of monopoly or exclusivity with the State, a government agency, State agency or State enterprise, or become a partner or shareholder in a partnership or company receiving such concession or becoming a party to a contract of such nature, whether directly or indirectly;
3. receive any special money or benefit from a government agency, State agency or State enterprise apart from that given by the government agency, State agency or State enterprise to other persons in the ordinary course of business;
4. directly or indirectly perform any act which amounts to a wrongful obstruction of or interference with the exercise of rights or liberties of newspapers or mass media.
This section shall not apply in the case where a Member of the House of Representatives or a Senator receives military pensions, gratuities, pensions, annuities for royalty or any other form of payment of the same nature, and shall not apply in the case where a Member of the House of Representatives or a Senator accepts or holds a position of a committee Member of the National Assembly, the House of Representatives or the Senate, or a committee member appointed in the course of the administration of State affairs related to parliamentary affairs, or a committee member specifically provided by law.
The provisions in (2) and (3) shall apply to spouses and children of Members of the House of Representatives or Senators and also to persons other than spouses and children of such members of the House of Representatives or Senators who act as agents or partners of, or who are entrusted by Members of the House of Representatives or Senators to act under this section.
Section 187
A Minister shall neither be a partner or shareholder of a partnership or a company, nor retain partner or shareholder status of a partnership or a company up to the limit as provided by law, and shall not be an employee of any person.
In the case where any Minister intends to continue to receive benefits in the cases under paragraph one, such Minister shall inform the President of the National Anti Corruption Commission within thirty days from the date of the appointment, and shall transfer his or her shares in such partnership or company to a juristic person which manages assets for the benefit of other persons, as provided by law.
The Minister shall not be involved in the administration or management of shares or affairs of the partnership or company under paragraph two in any way.
The part of this section which relates to partner or shareholder status shall also apply to the spouse and children of a Minister who have not yet become sui juris, and to the holding of shares of a Minister which are in possession or under supervision of another person in any way.
Section 258 (Part of it)
National reform in various areas shall be carried out to at least achieve the following results:
● Administration of State Affairs:
● ensuring that suitable technology is applied to the administration of State affairs and provision of public services for the benefit of the administration of State affairs and for the convenience of the people;
● integrating databases of all State agencies to provide a data system for the administration of State affairs and the provision of services to the people;
● improving and developing the structure and system for the management of State operations and manpower planning for the public sector to promptly respond to changes and new challenges, provided that the undertakings must be carried out in a manner compatible with the different missions of each State agency;
● improving the procurement system of the public sector so as to be flexible, open and transparent with a mechanism to prevent corruption at every stage;
● Education:
● improving learning and instruction at every level so that students are able to study according to their aptitudes, and improving the structure of relevant agencies with a view to uniformly achieving such a goal at both national level and local level;
● Economy:
● eliminating obstacles and promoting the competitiveness of the country in order that the nation and the people benefit from participation in various economic groups in a sustainable and resilient manner;
● establishing a mechanism to promote and support the application of creative ideas and modern technology in the economic development of the country;
● improving the taxation system with a view to promoting fairness, reducing disparity, increasing State revenues from various sources in an efficient manner, and improving the system for preparing and expending budgets to be efficient and effective;
● establishing a mechanism to promote cooperatives and business operators of all sizes to ensure their appropriate competitiveness and to promote social enterprises and environment-friendly enterprises, as well as establishing a mechanism to increase opportunities for employment and occupation of the people;
● Other Areas:
● having a water resource management system which is efficient, fair and sustainable, with due regard given to every dimension of water demand in combination with environmental and climate change;
● ensuring a fair distribution of land holding, as well as an examination of ownership and holding of land throughout the country with a view to systemically solving the problems of land ownership and possessory rights;
● establishing a system for managing and disposing solid waste in an efficient and environment-friendly manner, and for recovering such waste for use for other purposes;
● adjusting the health security system in order that the people are granted comparable rights and benefits from the management thereof and from access to quality and convenient service;
● establishing a primary health care system in which there are family physicians to care for the people in an appropriate proportion.
Facts of Thailand's Constitution
Section 6
The King shall be enthroned in a position of revered worship and shall not be violated.
No person shall expose the King to any sort of accusation or action.
Section 7
The King is a Buddhist and Upholder of religions.
Section 50 (Part of it)
A person shall have the following duties:
● to protect and uphold the Nation, religions, the King and the democratic regime of government with the King as Head of State;
Section 67
The State should support and protect Buddhism and other religions.
In supporting and protecting Buddhism, which is the religion observed by the majority of Thai people for a long period of time, the State should promote and support education and dissemination of dharmic principles of Theravada Buddhism for the development of mind and wisdom development, and shall have measures and mechanisms to prevent Buddhism from being undermined in any form. The State should also encourage Buddhists to participate in implementing such measures or mechanisms.
Section 96
A person under any of the following prohibitions on the election day shall be the person who is prohibited from exercising the right to vote:
1. being a Buddhist monk, Buddhist novice, ascetic or priest;
2. being under revocation of the right to vote, whether or not such case is final;
3. being detained by a warrant of the Court or by a lawful order;
4. being of unsound mind or of mental infirmity.
Section 103
The King has the Royal Prerogative to dissolve the House of Representatives for a new general election of Members of the House of Representatives.
The dissolution of the House of Representatives shall be made in the form of a Royal Decree and shall be made only once under the same event.
Within five days from the date the Royal Decree under paragraph one comes into force, the Election Commission shall specify, by notification, the date of a general election in the Government Gazette, which must be no earlier than forty-five days but no later than sixty days from the date such Royal Decree comes into force. Such election date shall be the same throughout the Kingdom.
Section 160
A Minister must:
1. be of Thai nationality by birth;
2. be not less than thirty-five years of age;
3. have graduated with not lower than a Bachelor’s degree or its equivalent;
4. be of evident integrity;
5. not have behaviour which is a serious violation of or failure to comply with ethical standards;
6. not be under any of the prohibitions under section 98;
7. not be a person sentenced by a judgment to imprisonment, irrespective of the finality of the case or a suspension of the punishment, except for an offence committed through negligence, a petty offence or a defamation offence;
8. not be a person whose office has been vacated on the grounds of committing any prohibited act under section 186 or section 187, for a period of less than two years up to the date of appointment.
Section 176
The King has the Royal Prerogative to declare and lift martial law.
In the case where it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so under the law on martial law.
