Thai laws
Thai law
History of Thai law
Thai law has evolved over a long time. The same is true of the laws of different countries. Before Thailand adopted the legal code system Thailand also has its own legal system. which will be in the form of customary law which has been continued until it is finally accepted as the law and was recorded in writing at a later time For community members to know and follow.
Meaning and origin of law, types of law History of Thai law
Meaning of the law
Law is a rule, order, or regulation that is set up by the state or the highest authority to use as a tool for achieving certain goals of society. and has a compulsory condition as a tool for making people in society comply with the rules, orders, or regulations.
Humans can be considered social animals and must depend on each other. But because of different thoughts, habits, environments, genders, etc. Therefore, it is necessary to have laws in order to maintain social order. Some laws are established as steps or procedures to achieve peace and order.
To meet human needs. In addition, enacting laws to serve as a baseline for people in society to follow in the same way. It will also create order. These are considered important goals of society. This goal is when thinking back. It will come from people in society.
Nature of the law
Law must be an order or regulation.
Law must come from the monarchy or someone who has the authority to do so.
The law must be generally enforceable.
The law must be enforced until it is repealed or changed.
The law must be enforceable.
According to criminal law A mandatory condition is a legal punishment such as imprisonment or death. which aims to punish the offenders harshly But according to the civil law Compulsory conditions aim to provide compensation to the injured party to minimize damages, such as compensatory damages. or being forced to act according to an agreed upon contract, etc. In some cases, those who violate the law may be subject to both criminal and civil enforcement at the same time.
But some laws may not be mandatory. This is because it is not intended for people to follow. But it may be enacted to guarantee rights to individuals. or cause loss of rights in some way, for example, the law stipulates that people who have reached legal age can do legal acts by themselves without having to obtain consent from their legal representatives. Or a person who is already 15 years old can make a will, etc. or come out to use it as a tool for economic and social development in the country. This type of law does not have any criminal or civil penalties.
Source of law
Morals
Traditions
Religion
Court judgment
Principles of Justice
Opinions of wise men
Legal system
Civil Law Legal System
Common law legal system
Socialist legal system
Religious legal system and popular customs
Traditions are things that people in society accept and continue to practice. For example, in China, the traditions of philosophers like Confucius have been used as guidelines in making laws. Or the ancient tradition of Shinto is also used as a guideline for making laws in Japan.
Hierarchy of laws in Thailand (Saklawat)
The most sacred master law is the Constitution.
Laws that the Constitution gives authority to the legislature or executive to issue include legal codes, acts. These Royal Decrees are considered second only to the Constitution.
Laws issued by the executive branch include Royal Decrees and Ministerial Regulations.
Laws issued by local government organizations include municipal ordinances, provincial ordinances. Sanitary regulations Bangkok regulations Pattaya City Ordinance
It is a law that comes into force specifically in each local government organization. In order to comply with the duties of the local government organization Or in cases where the law gives authority, it can be issued as well, such as the Bangkok Metropolitan Administration Ordinance. It is a law enacted by Bangkok Metropolitan Administration to be enforced in Bangkok only. Or municipal ordinance. It is a law enacted by the municipality to be enforced only in its own municipality.
Types of laws
Classification of laws according to the nature of their use. It is divided mainly by considering the nature of the use of law, namely legislative law. Procedural law
Separate types of law according to the nature of the relationship of the parties, including private law, public law, international law
Law enforcement
Announcement of the law to inform the public
To make the public aware of any laws that have come into force. It will be printed. Royal Gazette Which is published every week to announce to the public and government agencies about laws, orders, regulations, including any important facts or facts that are determined by law to have full effect when they are announced. In the Royal Gazette When the announcement has been made, it is assumed that all citizens are fully informed. People cannot claim that they do not know the law. As there is a general principle in enforcing the law that Ignorance of the law It's not an excuse.
Start date of the law
It is the date set for the law that has been published in the Royal Gazette to come into effect. Normally, when a law is enacted, the effective date will be specified in the law. Which is as follows.
Determined to be used from the date of announcement in the Royal Gazette. Gazette means that it is announced in the Royal Gazette and becomes effective on that day immediately. Used in cases of urgent necessity. If the enforcement is delayed, it may cause damage.
To be used from the day following the date of the announcement in the Royal Gazette. That is, it will come into effect on the next day after the date it is published in the Royal Gazette. To give the public a chance to know one day in advance, which is a method that is regularly used.
Designated for future use. That is, it is determined to come into effect several days after it is announced in the Royal Gazette. for the government Are officials and citizens prepared to comply with the law?
In the case that the effective date has not been specified. That is, it is announced to the public but does not specify when the announced law will come into effect. The effective date may be determined at a later date.
The law will not have retroactive effects in a harmful way, that is, when a new law comes out or the law is amended in a way that is harmful to any person. It will be effective from the date specified to be effective onwards only. It will not take effect retroactively to the date on which the law came into effect.
Place of application of law
The law is applicable throughout the kingdom unless there is a specific provision specifying which law shall apply only in which locality. or to apply to actions or events that occur outside the Kingdom, for example, according to the provisions of the Act on the Application of Islamic Law in the Provinces of Pattani, Narathiwat, Yala, Satun, B.E. 2498, stipulating that in considering and deciding civil cases regarding family matters and Inheritance of Islamic adherents of the Court of First Instance in the 4 Provinces. Let Islamic law on family and inheritance replace the Civil and Commercial Code. or certain types of offenses committed outside the Kingdom may be punished in the kingdom, such as the offense of counterfeiting currency.
Persons to whom the law applies
Generally, the law applies to individuals in society. However, there are exceptions for certain categories of people to whom the law may not apply. But those persons must be expressly exempted by law, for example.
According to Thai law The Constitution stipulates that the law does not apply to the King. Because it is considered that he exists in a position that is revered and respected. No one can transgress. No one can sue the King in a civil or criminal case.
According to other laws, such as international law, it is stipulated that the laws of one's own country will not be enforced on ambassadors, members of the diplomatic corps, or heads of foreign states. To honor the said person.
Applying the law to facts
It is to adapt the provisions of the law to the facts that arise. and summarized what the legal consequences will be, which will be discussed in detail later.
Importance of law
Law is a tool for social development
It is a tool of the state to manage the country.
Determines the importance of a person
It is a tool for maintaining peace and order in society.
Nature of the law
Law is an order or regulation that arises from the monarchy and is established by the highest authority in the state.
Is an order or regulation that is generally applicable in that country.
It is a rule that is always applicable.
The law must have a mandatory condition, that is, the offense must be defined.
World legal system
Common Law system is law that is not established in writing, such as court judgments or customs. The countries used include the United States, England.
Civil Law system or legal code system. Provided in writing Laws are enacted by the legislature. The court will be the person who applies the law. The countries used include France, Germany, Japan, and Thailand.
Types of laws
Private law and public law
Substance law and legislative procedure
Honorary order of Thai law
Constitution
Constitution The highest law in the administration of the state.
Constitutional Act
Laws enacted in the form of acts. The Constitution of the Kingdom of Thailand has provided for another form in the Thai legal system. To expand the definition of some sections of the Constitution to provide clarity. Clearer and more complete
Act
Act The King's Law Enacted with the advice and consent of Parliament.
The Act contains laws that are in force on a regular basis. To lay down regulations governing the behavior of individuals, including organizations and government officials. It is a provision of law that has a higher status than other laws.
Legal Code
Legal code Laws organized into categories Gather related matters together for easy reference and amendments to the legal code must be enacted as an Act. Important legal codes include:
Civil and Commercial Code
Criminal Code
Civil Procedure Code
Criminal Procedure Code
Land Code
Revenue Code
Royal Decree
An emergency decree is a law enacted by the King. By the advice of the Cabinet or by law enacted by the executive branch in situations of urgent necessity for the benefit of the state, as specified in the master law of each country. Emergency decrees have the same enforcement powers as acts enacted by the legislature.
Royal Decree There is a time limit. If the emergency situation passes, it must be brought to Parliament for consideration without delay.
Royal Decree
Royal decree Legal provisions enacted by the King by virtue of the Constitution. Acts or Royal Decrees for use in government administration By the advice of the minister.
Effective start date set. Act
Determine the places, businesses, or things to which the Act will be enforced.
Determine the places, businesses, or things to which the Act will be enforced.
Determine details regarding government administration
Ministerial regulations
Ministerial regulations are a type of written law in Thailand. which the Minister enacted by virtue of According to the provisions of the Act or of the law having equal status.
Setting the criteria, methods and conditions for requesting permission
Determine the request form, application form, and license form.
Set criteria. How to appeal Methods for considering appeals against orders of the committee according to law
Announcements, regulations, orders of the ministry
It is a law that relies on various legal powers.
Define details related to technical issues
Set the period for enforcing the provisions of the law
Local ordinances
Local regulations It is a law enacted by local government organizations including:
Laws enacted by Bangkok are called Bangkok Ordinances.
Laws enacted by Pattaya City are called Pattaya City Ordinances.
Laws enacted by municipalities are called municipal ordinances.
Laws enacted by the Provincial Administrative Organization are called Provincial Administrative Organization Ordinances
Laws enacted by the Subdistrict Administrative Organization are called Subdistrict Administrative Organization Ordinances.
Note
If it is the case that the master law provides for the authority of the Director-General to issue secondary laws, but does not specify that it be issued as a departmental order, departmental announcement, departmental regulation, or departmental regulation. In what way or is it the case that the master law No authority was given. But the Director-General uses administrative powers instead. In such cases, the content and purpose for which it will be effective must be considered. It must be considered separately into 2 issues based on the regulations of the Office of the Prime Minister regarding secretarial work as follows.
In the case of ordering Order book Divided into 3 types
Orders are all messages that a commander orders to be carried out legally.
Regulations are all the statements that the authority has laid down by virtue of the law or not. To be the principle of performing work on a regular basis.
Regulations are all statements that are prescribed by the authority to be used by virtue of the law that allows them to do so.
In the case of public relations public relations book Divided into 3 types
Announcements are all messages that the government has announced or clarified. or suggest a course of action
Statements are all messages that the government issues in order to understand government affairs or any event or case. Let it be clearly known to everyone.
News is all messages that the government deems appropriate to disseminate.