Constitutional Court of Thailand

Constitutional Court of the Kingdom of Thailand
ศาลรัฐธรรมนูญ
Map
Established11 October 1997
JurisdictionThailand
LocationChaeng Watthana Government Complex, Group A, No. 120, Village 3, Chaeng Watthana Road, Thung Song Hong Subdistrict, Lak Si, Bangkok
Authorised byConstitution of the Kingdom of Thailand, Buddhist Era 2560 (2017)
Number of positionsOne president, eight judges
Annual budget223.7 million baht (FY2019)
Websiteconstitutionalcourt.or.th/en/occ_en/index.php
President of the Court
CurrentlyProfessor Nakarin Mektrairat
Since19 March 2024[1]

The Constitutional Court (Thai: ศาลรัฐธรรมนูญ, RTGSSan Ratthathammanun, pronounced [sǎːn rát.tʰā.tʰām.mā.nūːn]), officially the Constitutional Court of the Kingdom of Thailand, is a Thai court created by the 1997 constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court is part of the judicial branch of the Thai national government.

The court, along with the 1997 constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the 2006 Thai coup d'état. While the Constitutional Court had 15 members, seven from the judiciary and eight selected by a special panel, the Constitution Tribunal had nine members, all from the judiciary.[2] A similar institution, consisting of nine members, was again established by the 2007 Constitution.

The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court[citation needed].

The decisions of the court are final and not subject to appeal. Its decisions bind every state organ, including the National Assembly, the Council of Ministers, and other courts.[3]

The various iterations of the court have made several significant decisions. These include the 1999 decision that Newin Chidchop, the Deputy Minister of Agriculture, could retain his seat in cabinet after being sentenced to imprisonment for defamation; the 2001 acquittal of Thaksin Shinawatra for filing an incomplete statement regarding his assets with the National Anti-Corruption Commission; the 2003 invalidation of Jaruvan Maintaka's appointment as auditor-general; the 2007 dissolution of the Thai Rak Thai political party; the 2014 removal of prime minister Yingluck Shinawatra from office; the dissolution of the Thai Raksa Chart Party before the March 2019 election;[4] the dissolution of the Future Forward Party in 2020 and its successor Move Forward Party in 2024;[5][6] and the removal of Prime Minister Srettha Thavisin in 2024.[7]

The FY2019 budget of the Constitutional Court is 223.7 million Baht.[8] As of March 2024, its president is Nakarin Mektrairat.[9]

  1. ^ Nakharin Mektrairat: New Constitutional Court president at center of Thailand's political conflict
  2. ^ The Nation, Nine Constitution Tribunal members Archived 26 September 2007 at the Wayback Machine, 7 October 2006
  3. ^ ข้อกำหนดศาลรัฐธรรมนูญว่าด้วยวิธีพิจารณาและการทำคำวินิจฉัย พ.ศ. 2550 – ข้อ 55 วรรค 1 [Constitutional Court Regulations on Procedure and Decision Making, BE 2550 (2007) – regulation 55, paragraph 1] (PDF). Government Gazette (in Thai). 124 Part 96 A. Bangkok: Cabinet Secretariat: 28. 21 December 2007. Archived from the original (PDF) on 15 February 2010. Retrieved 13 May 2014.
  4. ^ Mérieau, Eugénie (3 May 2019). "The Thai Constitutional Court, a Major Threat to Thai Democracy". International Association of Constitutional Law (IACL). Retrieved 21 September 2019.
  5. ^ "FFP dissolved, executives banned for 10 years". Bangkok Post. 21 February 2020. Retrieved 27 February 2020.
  6. ^ "Move Forward: Thai court dissolves reformist party that won election".
  7. ^ "Thai court dismisses PM Srettha for breaching ethical rules in Cabinet appointment". Channel News Asia. 14 August 2024.
  8. ^ Thailand's Budget in Brief Fiscal Year 2019 (Revised ed.). Bureau of the Budget. 2018. p. 94. Retrieved 7 September 2019.
  9. ^ "Constitutional Court names Nakarin Mektrairat as its new president". nationthailand. 11 January 2024. Retrieved 26 August 2024.