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Law of Thailand

The laws of Thailand are based on the civil law, but have been influenced by common law (see also world legal systems).[1]

- prevails over other laws.

Constitution of Thailand

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 the Revenue Code. Years on Thai statutes are dated with the Buddhist Era (BE) year based on the .

Thai solar calendar

Emergency decree or royal proclamation - these are issued by the king, upon the advice of the cabinet, where an urgent law is needed for national security, public safety, national economic stability, or to avert a public calamity. An example is the Emergency Decree on Public Administration in Emergency Situation BE 2548 (2005).[4]

[3]

Treaties

Subordinate legislation - , orders, notifications, royal decrees, and rules.

Regulations (ministerial)

Supreme Court opinions and other judicial decisions - Judicial precedent in Thailand is not binding. Courts are not bound to follow their own decisions. 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 its decisions, known as "Supreme Court Opinions". These are frequently used as secondary authorities and are numbered according to the year issued.[6] Other judicial decisions or rulings are published by the Administrative Court and the Constitutional Court.[7]

[5]

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 promulgated on 1 April 1908, and came into effect on 21 September, 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."[2]


The principal law sources in Thailand are:

Public law[edit]

Constitutional law[edit]

The Constitution of Thailand is the supreme law of Thailand which prevails over other laws passed by parliament. The 2017 constitution of Thailand is the most recent constitution.[8] The Constitutional Court of Thailand has jurisdiction to make rulings over the constitutionality of parliamentary acts, royal decrees, draft legislation, appointment and removal of public officials and issues regarding political parties and civil liberties.

Criminal law[edit]

Criminal offences (that can lead to arrest and imprisonment) are enumerated in the Thai Penal Code (or Criminal Code)[9] as well as numerous other statutes. Criminal procedures are outlined in the Criminal Procedure Code.

Laws relating to foreigners[edit]

The Foreign Business Act of 1999 regulates foreign ownership of certain Thai industries and foreign companies. The Alien Business Law (N.E.C. Announcement 281) prohibits foreigners from holding certain professions which are reserved for Thai nationals.

Judiciary of Thailand

- Thailand's public journal that publishes laws at which point they generally come into force

Royal Thai Government Gazette

Thai labour law

Gun laws in Thailand

- Databases, Catalog and Websearch

AsianLII - Thailand

Courts of Justice - The Judiciary of Thailand

Thailand Law Reform Commission

Hauser Global Law School Program - Introduction to Legal System of Thailand

Archived 2009-07-11 at the Wayback Machine

ASEAN Law Association, Thailand front page

LawDD.net Website provide "Thailand Law Database Center"