Senate of Thailand
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Thailand

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The government of Thailand has 3 branches: executive, legislative, and judicial.

Contents

Executive branch

Main office holders
Office Name Party Since
King Bhumibol Adulyadej 9 June 1946
Prime Minister Somchai Wongsawat People's Power Party 18 September 2008

The king has little power under the constitution but is a symbol of national identity and unity. The present monarch has a great deal of popular respect and moral authority, which has been used to resolve political crises.

The head of government is the Prime Minister. Under the constitution, the Prime Minister must be a Member of Parliament. Cabinet members do not have to be Members of Parliament. The legislature could hold a vote of no-confidence against the Premier and members of his Cabinet if it had sufficient votes.

Legislative branch

Under the new 2007 Constitution, the bicameral Thai legislature is called the National Assembly or informally, the Parliament (Thai: รัฐสภา, Rathasapha). It consists of a House of Representatives (สภาผู้แทนราษฎร, sapha phuthaen ratsadon) of 480 seats and a Senate (วุฒิสภา, wuthisapha) of 150 seats.

The House of Representatives is made up of 400 members from constituency elections and 80 members from "proportional representation", as termed in the Constitution. However, the correct term for Thailand's "proportional representation" is actually parallel voting or Mixed Member Majoritarian (MMM), where the 80 seats are divided, to different political parties, according to the proportion of the "proportional representation" votes, each party receives, in the 8 election districts (10 seats per district).

The Senate is made up of 76 elected members (one for each province) and the rest (74) are selected from nominated candidates, from the academic sector, the public sector, the private sector, the professional sector and other sectors, by the Senates Selection Committee.

Members of House of Representatives serve four-year terms, while Senators serve six-year terms. The members of the House of Representatives can also be female or male.

Judicial branch

Supreme Court (ศาลฎีกา, Sandika), judges appointed by the monarch. All courts are not under the Thai Ministry of Justice according to 1997 constitution section 249. There is also an independent Constitutional Court. There is a Court of Appeals, divided into districts and three (3) judges compose a court. 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. Trial courts of the first instance (civil, criminal and kwaeng) are also staffed by judges. Labor Court judges are not necessarily lawyers and work for the ministry of Labor. There is also the IPCIT Court for intellectual property and international trade. There is no stenographic record of any trial court proceedings and all court proceedings are composed by the trial judge. There is no discovery of evidence or witnesses in trial court. 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.

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

Legal system

Thailand's legal system blends principles of traditional Thai and Western laws; the western sourced laws are often misused and corrupted and the traditional 'Thai' laws are the product of Hindu-brahmin laws used by the Khmer Empire. The Constitutional Court of Thailand has jurisdiction over certain constitutional issues. The Courts of Justice have jurisdiction over criminal and civil cases and are organized in three tiers: Courts of First Instance, the Court of Appeals, and the Supreme Court of Justice. There are no stenographic records kept by the trial court and the record is composed of what the judge decides. There is no discovery in the Thai legal system. Slander and libel are not civil torts in Thailand but criminal offenses. Attorneys must carry their current, yellow, bar card when in court and may be required to produce it on challenge. Administrative courts have jurisdiction over suits between private parties and the government, and cases in which one government entity is suing another. 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. Thailands legal system has been often criticised 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.

Local government

Thailand is divided into seventy-six provinces (changwat, singular and plural). The Ministry of the Interior appoints governors for all but one province - the metropolis of greater Bangkok, 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.

External links

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