Legal Actions in Thailand (Part 1)

The Constitution of Royal Kingdom of Thailand B.E. 2540 (1997) has determined to establish the courts to perform the duties in considering the cases by dividing the courts into 4 categories namely

1. The Constitution Court is a court which has a jurisdiction in making a consideration and decision of the problems which concern the constitutional laws.
2. The Administrative Court is a court which has a jurisdiction in making a consideration and judgment of the cases which concern the administrative agreements and the administrative orders.
3. The Military Court is a court which has a jurisdiction in making a consideration and judgment of the military criminal cases and other cases provided by law.
4. The Court of Justice is a court which has a jurisdiction in making a consideration and judgment of all civil and criminal cases except the cases which the constitution or the other laws stipulated to be under the jurisdiction of the other courts.

I The Constitution Court is a judicial body under the Constitution which does not consider or adjudge the general cases but the Constitution Court has a jurisdiction in making consideration and decision of the cases which have legal problems concerning the constitution which is the supreme law of the country. The main duty of the Constitution Court is to supervise the laws not to contradict or conflict with the constitution in order to uphold the status of the constitution as the supreme law of the country.

The purposes of the supervision of the laws not to contradict of conflict with the constitution are as follows :-

1) For the benefits of the general public by not allowing any enacting of the law which affects the right and freedom of the people which the constitution has recognized.
2) For the benefits of governing of the country by means of maintaining the balance of duty performance of each judicial body as appeared in the constitution which is the power balancing process amongst the different bodies under the provisions of the constitution in the democracy.
3) For a protection of the constitution which is the fundamental law in governing the country in order to uphold the status of the constitution as the supreme law. When the provision of any law has a statement or intention which contradicts or conflicts with the constitution, a supervision must be made by making a decision that such law shall not be enforceable.

II The Administrative Court has a jurisdiction in making considerations and decisions or orders as follows :-

1. The dispute cases in the matters which the administrative agencies or the state officials have acted which is not lawful.
2. The dispute cases in the matters which the administrative agencies or the state officials have neglected the duties determined by law to comply with or have performed such duties unreasonably late.
3. The dispute cases in the matters which concern violations or other responsibilities of the administrative agencies or the state officials from an exercise of the power according to law or from the negligence of the duties determined by law to comply with or have performed such duties unreasonably late.
4. The dispute cases which concern the administrative agreements.
5. The cases which there is a law determining the administrative agencies or state officials who enter actions with the court in order to enforce persons to do or to omit any action.
6. The dispute cases which concern the matters where there is a law determining such matters to be under the jurisdiction of the Administrative Court which are divided into 2 levels as follows :-
   1. The Supreme Administrative Court.
   2. The Administration Court of First Instance which consists of

2.1 The Central Administrative Court which has a jurisdiction in making considerations, Judgments in the territories of Bangkok Metropolis, Nakhon Pathom Province, Nonthaburi Province, Pathum Thani Province, Ratchaburi Province, Samut Prakarn Province, Samut Songkhram Province and Samut Sakhon province. The Administrative Court in the Region has a jurisdiction in making considerations and judgments as determined by law.
2.2 During the period which the Regional Administrative Court still has not the jurisdiction in any locality, the Central Administrative Court shall have the jurisdiction over such locality.

The cases which occur outside the Central Administrative Court’s jurisdiction may enter an action with the Central Administrative Court but it shall be under the judgment of Central Administrative Court whether or not to accept the submitted plaint unless it is a case which has been transferred over under the principle of the hearing procedure of the Administrative Court.

III The Military Court is a court which has a jurisdiction in making considerations and punishments of the criminal offenders who are the persons under the jurisdiction of the Military Court while committing the offence, to punish any person who commits an offence on a charge of offending the power of the court and to have the jurisdiction in making considerations of the other type of cases determined by law.