Government of Thailand
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The Royal Thai Government or the Government of Thailand (Thai: รัฐบาลไทย) is the unitary government of the Kingdom of Thailand. Thailand since 1932 has been a constitutional monarchy under a parliamentary democratic system. The country has existed in some form since the 12th century, but the country emerged as a modern nation state after the foundation of the Chakri Dynasty and the city of Bangkok in 1782. The Revolution of 1932 brought an end to absolute monarchy and replaced it with a system of constitutional monarchy. However from then on the democratic system has been weak and the country was ruled by a succession of military leaders installed after coup d’etats, the most recent in 2006. Under the 2007 Constitution (drafted by a military appointed council, but approved by a referendum) the present structure of the Government of Thailand was established. Thailand has so far had seventeen Constitutions; however the basic structure of government has remained the same. The Government of Thailand is made up of three branches: the executive, the legislative and the judiciary, the system of government is modelled after the Westminster system. All branches of the government are located within Bangkok, the capital city of Thailand.
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- Main Page: King of Thailand
The King of Thailand, currently King Bhumibol Adulyadej (or Rama IX) is the world’s longest reigning monarch, and has reigned since 1946. The Constitution stipulates that although the sovereignty of the state is vested in the people, the King will exercise such powers through the three branches of the Thai government. Under the constitution the King is given very little power, but remain a figurehead and symbol of the Thai nation. As the Head of State however he is given some powers and has a role to play in the machinations of government. The King is the Head of the Armed forces and the upholder of the Buddhist faith in Thailand. The King also retained some traditional powers such as the power to appoint his heirs, power to grant pardons and the royal assent. The King is aided in his duties by the Privy Council of Thailand.
The King is head of the House of Chakri, the ruling house of Thailand founded by King Buddha Yodfa Chulaloke (or Rama I) in 1782. The Monarchy and the Royal family commands huge respect in Thailand. The present monarch has a great deal of popular respect and moral authority, which has been used at times to resolve political crises. The monarch’s official home is the Grand Palace, however the present King lives primarily in the Chitralada Palace in Bangkok or the Klai Kangwon Villa, in Hua Hin. The Monarch's household is managed by the Bureau of the Royal Household and his finances by the Crown Property Bureau.
The heir to the throne is the Crown Prince of Thailand: Prince Maha Vajiralongkorn. The succession of the Throne is govern by the 1924 Palace Law of Succession, promulgated by King Vajiravudh. The Palace Law follows the male Agnatic Primogeniture, where males are only allowed to succeed and inheritance is passed only from father to son and through male line only.
- Main Page: Prime Minister of Thailand
Since 1932 the Head of Government of Thailand has been the Prime Minister of Thailand: usually the leader of the largest party or the largest coalition party in the lower house of Parliament. The Prime Minister is, in accordance with the constitution selected; first by an election in the lower house then officially appointed by the King.
The Prime Minister as head of the executive branch is also the leader of the Cabinet of Thailand. The Prime Minister therefore retains the prerogative to appoint or remove any Minister he so chooses. As the most visible member of the government the Prime Minister represent the country abroad as well as the main spokesperson for the government at home. The Prime Minister’s official residence is Baan Phitsanulok a mansion located in the Dusit district of Bangkok.
The current Prime Minister is: Abhisit Vejjajiva of the Democrat Party, who was appointed on the 17 December 2008. Although he was not the leader of the majority party in the House of Representatives, the smaller parties after the 2008 political crisis decided to defect from the majority-party led coalition and support Abhisit’s third bid for the Premiership. He was elected by the House on the 15 December.
- Main Page: Cabinet of Thailand
- Further information: List of Cabinet Ministries of Thailand
The Cabinet of Thailand or the Council of Ministers is a council composed of 35 Ministers of State and Deputy Ministers who runs the cabinet ministries of the Kingdom. There are currently 20 cabinet ministries, which comprises the main portion of state employees. The Cabinet is also responsible for the formulation and execution of policies of the government. Members of the Cabinet do not necessarily need to be a member of the lower house, as in other countries, but most often are. The Office of the Prime Minister and the Cabinet is located in a building complex called the Government House of Thailand.
The present Cabinet has been active since the 17 December 2008, when its members were officially sworn in by the King. The Cabinet is made up of five parties that form the current governing coalition: Democrat, Chart Thai Pattana, Bhumjaithai, For the Motherland and the Thai United National Development Parties and the Friends of Newin Group. The Cabinet comprises of: 21 Ministers of State, 3 Deputy Prime Ministers and 11 Deputy Ministers.
- Main Page: National Assembly of Thailand
The legislative branch (also called the Parliament of Thailand) of the Thai government was first established in the ‘Temporary’ Constitution of 1932. The assembly first met on the 28 June 1932 in the Ananda Samakhom Throne Hall. The National Assembly of Thailand is a bi-cameral legislature and comprises of two houses: the Senate and the House of Representatives. The legislative branch took its current form in 2007. The National Assembly has 630 members. Both houses of the National Assembly meet at the Parliament House of Thailand.
[edit] The Senate
- Main Page: Senate of Thailand
The upper house of the legislative branch was first established in 1946. However for most of its history the Senate has been the stronghold of the military and the elite. The current Senate has 150 members. 76 members are elected each from one per province from the 75 provinces of Thailand and 1 from the Bangkok Metropolitan Area. The other 74 are selected by the Senate Selection Commission, made up of both elected and appointed officials.
The chamber is strictly a non-partisan chamber, and members may not be a member of a partisan organization, House of Representatives, judiciary and the Cabinet for five years. The Senate has little power legislative -wise, but retain considerable powers of scrutiny and appointment. As the Senate is vested with the power to ‘advise’ on the appointment of several members of the Judiciary and independent government agencies. The Senate sits for a set six years non renewable term, the Senate cannot be dissolved. The Senate is presided by a President of the Senate, who is also the Vice President of the National Assembly. He is assisted by two Vice Presidents of the Senate. The last election to the Senate was in 2008.
[edit] The House of Representatives
- Main Page: House of Representatives of Thailand
The lower house of the legislative branch has been in existence in some form since 1932. The House of Representatives is the primary legislative house of the government of Thailand. The House comprises of 480 members. 400 of the MPs are elected directly from constituencies around the country. The other 80 members are selected using ‘proportional representation’ through party-lists. The MPs are selected from 8 electoral areas (each consists of several provinces), 10 members from each area. This system is called the ‘Mixed Member Majoritarian’ in which a voter has two votes one for the constituency MP and the other for a party in the voter’s electoral area.
The House is a partisan chamber with 7 political parties. The House is the primary legislative chamber and the more powerful of the two houses. The House has the power to remove both the Prime Minister and Cabinet Ministers through a vote of no confidence. The House sits for a term of four years however a dissolution of the House can happen anytime before the expiration of the term. The House is led by the Speaker of the House of Representatives, who is also the President of the National Assembly. He is assisted by two Deputy Speakers. The leader of the largest party or largest coalition party will most likely become Prime Minister, while the leader of the largest party with no members holding any ministerial positions will become the Leader of the Opposition. The Leader of the Opposition is a powerful position with considerable influence, he is assisted by a Shadow Cabinet. The last general election for the House was in 2007.
After the 2007 election the People’s Power party won the most seats with the Democrats and Chart Thai party trailing behind. However after the 2008 political crisis and the ruling of the Constitutional court on the 2 December 2008, in which the PPP plus the Chart Thai and Neutral Democratic Parties (coalition partners), the Prime Minister and several party executives were banned from politics for five years, the composition of the House changed. The successor of the PPP still retained the most seats, however the remainder of the coalition partners defected and joined a Democrat led government which was inaugurated on the 17 December. Leaving the For Thais Party (successor of the PPP) and the Pracharaj Party in the opposition.
| Parties | Leader | Previous seats | Banned members | Current seats | ||
|---|---|---|---|---|---|---|
| For Thais Party formerly PPP | Yongyuth Wichaidit | 232 | 13 (banned), 6 (suspended) | 183 | ||
| Democrat Party | Abhisit Vejjajiva | 165 | 165 | |||
| For the Motherland | Pracha Promnok | 24 | 1 (not active) | 23 | ||
| Thai Nation Development Party formerly CTP | Krit Rattanakamini | 34 | 19 | 15 | ||
| Proud Thais Party formerly NDP† | Yongyuth Wichaidit | 11 | 11 | |||
| Thais United National Development Party | Dr. Varnarat Chanukul | 9 | 9 | |||
| Royalist People's Party | Sanoh Thienthong | 5 | 5 | |||
| Friends of Newin Group‡ | Newin Chidchob | 39 | ||||
| Vacant (banned or inactive) | 39 | |||||
| Total (out of 480) | 441 (Active MPs) | |||||
| Source: The Nation.com † The party and its executives were banned, but none of them [the executives] were MPs. ‡ Not a political party |
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The Judiciary of Thailand is comprised of three distinct systems: the Court of Justice system, the Administrative Court system and the Constitutional Court of Thailand. There are no stenographic records kept by the trial court and the record is composed of what the judges decide.
Research judges assist the sitting judges. Judges must take an examination and two different examinations are given: one exam is for judges trained in Thailand and a different examination is given for judges who graduate from foreign law schools. All Judges are formally appointed by the King.
The Asian Human Rights Commission called the Thai legal system a "mess" and called for a drastic overhaul of Thailand's criminal procedures. It cited the rampant use of forced confessions, and the fact that even a senior justice ministry official admitted that 30% of cases went to court with no evidence. It also criticized the judiciary for failing to ensure that trials are conducted speedily, citing the case of four Thai men accused of plotting to kill a Supreme Court president. The accused appeared in court 461 times before 91 different judges since proceedings began in 1993.[1]
The Courts of Justice of Thailand is the largest of the court system and makes up the majority of courts in the Kingdom. The Courts as mandated in the Constitution is made up of three tiers: the Court of First Instance, the Court of Appeals and the Supreme Court of Justice of Thailand.
The Administrative Court system is made up of two tiers: The Administrative Courts of First Instance and the Supreme Administrative Court. The court system was first created in 1997, the court’s main jurisdiction is to settle litigation between the State or an organ of state (government ministries, departments and independent agencies) and private citizens.
- Main Page: Constitutional Court of Thailand
First set up in 1997, the Constitutional Court of Thailand was created solely as a high court to settle matters pertaining to the constitution. The court has since accumulated huge amounts of power and influence; gaining many controversies on the way. This has become especially clear during the 2006 and 2008 political crises, settling political deadlocks and social unrests.
- Main Page:Law of Thailand
Thailand's legal system blends principles of traditional Thai and Western laws; the western sourced laws are often misused and corrupted. The traditional 'Thai' laws are the product of Hindu-Brahmin laws used by the Khmer Empire. There is no discovery in the Thai legal system. Slander and libel are not civil torts in Thailand but criminal offenses.
Thailand’s legal system has been often criticized by other countries for having penalties of life in prison or even death for crimes such as drug possession or smuggling, while having lenient penalties for crimes such as terrorism and marital abuse resulting in spousal death.
The criminally accused are entitled to have a court-appointed certified translator present in court if they cannot afford one. Appeals must be filed with the trial court within thirty (30) days of the judge reading, signing and issuing the verdict. There are no juries in trials. Only Thai citizens can be admitted to the Bar and can practice before the courts. Attorneys must carry their current, yellow, bar card when in court and may be required to produce it on challenge.
In Thailand's southern border provinces, where Muslims constitute the majority of the population, Provincial Islamic Committees have limited jurisdiction over probate, family, marriage, and divorce cases.
Thailand is divided into seventy-six provinces (changwat, singular and plural). The Ministry of the Interior appoints governors for all but two provinces - the metropolis of greater Bangkok and the city of Pattaya, where the governor is popularly elected. Thailand's provinces are listed below. Note that each provincial capital takes the same name as the province.
Amnat Charoen, Ang Thong, Buriram, Chachoengsao, Chai Nat, Chaiyaphum, Chanthaburi, Chiang Mai, Chiang Rai, Chon Buri, Chumphon, Kalasin, Kamphaeng Phet, Kanchanaburi, Khon Kaen, Krabi, Krung Thep (Bangkok), Lampang, Lamphun, Loei, Lop Buri, Mae Hong Son, Maha Sarakham, Mukdahan, Nakhon Nayok, Nakhon Pathom, Nakhon Phanom, Nakhon Ratchasima (Khorat), Nakhon Sawan, Nakhon Si Thammarat, Nan, Narathiwat, Nongbua Lamphu, Nong Khai, Nonthaburi, Pathum Thani, Pattani, Phang Nga, Phatthalung, Phayao, Phetchabun, Phetchaburi, Phichit, Phitsanulok, Phra Nakhon Si Ayutthaya, Phrae, Phuket, Prachin Buri, Prachuap Khiri Khan, Ranong, Ratchaburi, Rayong, Roi Et, Sa Kaeo, Sakon Nakhon, Samut Prakan, Samut Sakhon, Samut Songkhram, Sara Buri, Satun, Sing Buri, Sisaket, Songkhla, Sukhothai, Suphan Buri, Surat Thani, Surin, Tak, Trang, Trat, Ubon Ratchathani, Udon Thani, Uthai Thani, Uttaradit, Yala, Yasothon.
- ^ M&C, Human rights group slams Thailand's judicial system, 26 March 2007
- (English) Royal Thai Government homepage
