วันศุกร์ที่ 29 เมษายน พ.ศ. 2559

Translation of the Draft Constitution Chapter 1-3 by Pakorn Nilprapunt

Unofficial translation
Pakorn Nilprapunt
Deputy Secretary-General of the Council of State
pakorn.nilprapunt@gmail.com
(c) 2016

CONSTITUTION OF THE KINGDOM OF THAILAND


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CHAPTER I
General Provisions
                       

                    Section 1.    Thailand is one and indivisible Kingdom.

                        Section 2.    Thailand adopts a democratic regime of government with the King as Head of State.

                        Section 3.    The sovereign power belongs to the Thai people.  The King as Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of the Constitution.
                        The performance of duties of the National Assembly, the Council of Ministers, the Courts, independent organizations and State agencies shall be in accordance with the Constitution, law and the rule of law for the common good of the nation and for contentedness of the public at large.

                  Section 4.      Human dignity, right, liberty and equality of individual shall be protected.
                        The Thai people shall enjoy equal protection under the Constitution.

                        Section 5.      The Constitution is the supreme law of State.  The provision of any law, rule, regulation or any other act which is contrary to or inconsistent with the Constitution shall be unenforceable.
                        If no provision of this Constitution is applicable to any case, there shall act or decide that case in accordance with the constitutional convention of Thailand under a democratic regime of government with the King as Head of State.
                        The President of the Constitutional Court shall, upon the emergence of the case under paragraph two, convene the joint meeting of the President of the House of Representatives, the Leader of the Opposition Parties of the House of Representatives, the President of the Senate, the Prime Minister, the President of the Supreme Court, the President of the Supreme Administrative Court, the President of the Constitutional Court and the Chairperson of all independent organizations for consideration.
                        In each joint meeting under paragraph three, the members shall elect one among themselves to preside over the meeting.  If any of the aforesaid position is vacant, the joint meeting shall consist of the remaining member.
                        A decision of the joint meeting shall be made by majority of votes.  In case of equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.
                        A decision of the joint meeting shall be final and conclusive and binding the National Assembly, the Council of Ministers, the Courts, independent organizations and State agencies.

CHAPTER II
The King
                       

                        Section 6.      The King shall be enthroned in a position of revered worship and shall not be violated.
                        No person shall expose the King to any sort of accusation or action.

                        Section 7.      The King is a Buddhist and Upholder of religions.

                        Section 8.      The King holds the position of Head of the Thai Armed Forces.

                        Section 9.      The King has the prerogative to create and abolish titles and to confer and withdraw decorations.

                        Section 10.   The King selects and appoints qualified persons to be the President of the Privy Council and not more than eighteen Privy Councilors to constitute the Privy Council.
                        The Privy Council has the duty to render advice to the King on all matters pertaining to His functions as He may consult and has other duties as prescribed by the Constitution.

                        Section 11.   The selection, appointment or removal of a Privy Councilor shall be at the King's pleasure.
                        The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council.
                        The President of the Privy Council shall countersign the Royal Command appointing or removing other Privy Councilors.

                        Section 12.   A Privy Councilor shall not be a member of the House of Representatives, a senator, a person holding any political position, a Constitutional Court judge, a commissioner or member of any independent organization, a government official, an official of State enterprise, a State official or a member or official of any political party, and shall not manifest loyalty to any political party.

                        Section 13.   Before taking office, a Privy Councilor shall make a solemn declaration before the King in the following words:
                        “I, (name of the declarer), do solemnly declare that I shall be loyal to His Majesty the King and shall faithfully perform my duties in the interests of State and the people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

                        Section 14.   A Privy Councilor vacates office upon death, resignation or being removed by Royal Command.

                        Section 15.   The appointment and removal of officials of the Royal Household and of the Royal Chief Aide-de-Camp shall be at the King’s pleasure.
                        The organization and personnel administrations of the Royal Household shall be at the King’s pleasure as prescribed by the Royal Decree.

                        Section 16.   Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King may appoint a person as the Regent.  In this regard, the President of the National Assembly shall countersign the Royal Command therefor.

                        Section 17.   In the case where the King does not appoint the Regent under section 16, or the King is unable to appoint the Regent owing to He is not being sui juris or any other reason whatsoever, the Privy Council shall submit the name of a person suitable to hold the office of the Regent to the National Assembly for approval.  Upon the approval of the National Assembly, the President of the National Assembly shall make an announcement, in the name of the King, to appoint such person as the Regent.

                        Section 18.   While there is no the Regent under section 16 or section 17, the President of the Privy Council shall be the Regent pro tempore.
                        In the case where the Regent appointed under section 16 or section 17 is unable to perform his duties, the President of the Privy Council shall act as the Regent pro tempore.
                        While being the Regent under paragraph one or acting as the Regent under paragraph two, the President of the Privy Council shall not perform his duties as the President of the Privy Council.  In such case, the Privy Councilors shall elect one among themselves to be acting President of the Privy Council pro tempore.

                        Section 19.   Before taking office, the Regent appointed under section 16 or section 17 shall make a solemn declaration before the National Assembly in the following words:
                        “I, (name of the declarer), do solemnly declare that I shall be loyal to His Majesty the King (name of the King) and shall faithfully perform my duties in the interests of the State and the people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

                        Section 20.   Subject to section 21, the succession to the Throne shall be in accordance with the Palace Law on Succession, B.E. 2467.
                        The Amendment of the Palace Law on Succession, B.E. 2467 shall be the prerogative of the King.  At the initiative of the King, the Privy Council shall draft the Palace Law Amendment and shall present it to the King for His consideration.  When the King has approved and signed the draft Palace Law Amendment, the President of the Privy Council shall notify the President of the National Assembly for informing the National Assembly.  The President of the National Assembly shall countersign the Royal Command.  The Palace Law Amendment shall come into force upon its publication in the Government Gazette.

                        Section 21.   In the case where the Throne becomes vacant and the King has appointed His Heir to the Throne under the Palace Law on Succession, B.E. 2467, the Council of Ministers shall notify the President of the National Assembly.  The President of the National Assembly shall then convoke the National Assembly for acknowledgement and shall invite such Heir to ascend the Throne and proclaim such Heir the King.
                        In the case where the Throne becomes vacant and the King has not appointed His Heir under paragraph one, the Privy Council shall submit the name of the Successor to the Throne under section 20 to the Council of Ministers for further submission to the National Assembly for approval.  In this regards, the name of a Princess may be submitted.  Upon the approval of the National Assembly, the President of the National Assembly shall invite such Successor to ascend the Throne and proclaim such Successor the King.

                        Section 22.   Pending the proclamation of the name of the Heir or the Successor to the Throne under section 21, the President of the Privy Council shall be the Regent pro tempore.  In the case where the Throne becomes vacant while the Regent has been appointed under section 16 or section 17 or while the President of the Privy Council is the Regent under section 18 paragraph one, such Regent, as the case may be, shall continue to be the Regent until the proclamation of the name of the Heir or the Successor to ascend the Throne as the King.
                        In the case where the Regent who has been appointed and continues to be the Regent under paragraph one is unable to perform his duties, the President of the Privy Council shall act as the Regent pro tempore.
                        In the case where the President of the Privy Council is the Regent under paragraph one or acts as the Regent pro tempore under paragraph two, the provisions of section 18 paragraph three shall apply.

                        Section 23.   In the case where the Privy Council has to perform its duties under section 17 or section 21 paragraph two, or the President of the Privy Council has to be or act as the Regent under section 18 paragraph one or paragraph two or section 22 paragraph two, and there is, during that period, no President of the Privy Council or the President of the Privy Council is unable to perform his duties, the remaining Privy Councilors shall elect one among themselves to act as the President of the Privy Council or to be or act as the Regent under section 18 paragraph one or paragraph two or section 22 paragraph two, as the case may be.

                        Section 24.   In respect of the making of solemn declaration before the King under the Constitution or law, the King may allow the declarer to do so to the Heir to the Throne who is sui juris or His representative.
                        During the period where the solemn declaration has not yet made under paragraph one, the King may allow the declarer to perform his duties pro tempore.

CHAPTER III
Right and Liberty of Thai People
                       

                        Section 25.   Apart from the right and duty as prescribed by the provisions of the Constitution, a person shall enjoy the right and liberty to do any act which is not prohibited or restricted by the Constitution or law and such act shall also be protected by the Constitution in so far as the exercise of such right or liberty does not affect or endanger the security of State or public order or good morals and does not violate the right or liberty of any other.
                        In case of the right or liberty which is required by the Constitution to be exercised in accordance with the provision of law or the rule and procedure as prescribed by law, the person or community shall enjoy such right or liberty within the spirit of the Constitution even though the relevant law has not been enacted yet.
                        A person whose right or liberty under the Constitution is violated may claim the protection under the Constitution to protect or defend himself in the Court.
                        A person who gets damaged from the violation of his right or liberty or from the commission of criminal offense of other shall be entitled to remedy or assistance from State as prescribed by law.

                        Section 26.   The enactment of law restricting the right or liberty of a person shall be in accordance with the condition as prescribed by the Constitution.  If such condition is nonexistent, the law to be enacted shall not be inconsistent with the rule of law and shall not append unnecessary burden to, or unreasonably restriction on right and liberty of, a person and shall not affect inherited dignity of human.  Additionally, the justification for the restriction of right and liberty shall also be specified.
                        The law under paragraph one shall apply generally, not for particular case or person.

                        Section 27.   All persons are equal before the law and their rights and liberties are protected equally under the law.
                        Men and women shall enjoy equal right.
                        Unjust discrimination against any person on the ground of differences in place of birth, race, language, sex, age, disabilities, physical or health condition, economic or social status, religion, education or political view which is not contrary to the provision of the Constitution or any other ground shall not be made.
                        Any measure determined by the State in order to eliminate any obstacle,  to enable a person to exercise his right and liberty as same as the other, or to protect or facilitate children, women, the elderly or the disabled or disadvantaged people shall not be deemed as unjust discrimination under paragraph three.
                        A member of the armed force, police, government official, State official and officer or employee of any State agency shall enjoy the same right and liberty as those enjoyed by general person, unless such enjoyment is restricted by law and in the matter particularly to politics, efficiency, disciplines or ethics.

                        Section 28.   A person shall enjoy the right and liberty in his life and person.
                        Arrest and detention of a person shall not be made except by order or warrant issued by the Court or on the ground as provided by law.
                        Search of person or any act affecting the right and liberty in life or person shall not be made except by virtue of law.
                        Torture, brutal acts or cruel or inhumane punishment shall not be made.

                        Section 29.   No person shall be subject to a criminal penalty unless he has committed an act which the law in force at the time of commission of such act provides to be an offence and provides a punishment therefor.  The punishment shall not be greater severity than that provided by law in force at the time of the commission of the offence.
                        A suspect or defendant in a criminal case shall be presumed innocent, and before a final judgment convicting a person for an offence, such person shall not be treated as a convict.
                        Confinement and detention of a suspect or defendant shall be made just to ensure the prevention of escape.
                        In a criminal case, a person shall not be compelled to testify against himself.
                        A request for bail of a suspect or defendant in a criminal case shall have to be considered, and the amount of bail shall not be excessively.  A refusal of a request for bail shall be made on the ground as provided by law.

                        Section 30.   Forced labor shall not be imposed except by virtue of law enacted for the purpose of averting public calamity or during the time when the state of emergency or martial law is declared or when the country is in a state of war or fighting.

                        Section 31.   A person shall enjoy liberty to profess a religion and shall enjoy the liberty to exercise or conduct any form of worship in accordance with his belief, but it shall not be contrary to the duties of Thai people, or being endanger safety of the State or being inconsistent with public order or good morals.

                        Section 32.   A person shall enjoy the right of privacy, honor, reputation and family.
                        Any act violating or affecting the right of a person under paragraph one or the exploitation of personal information for benefit in any manner whatsoever shall not be made except by virtue of law enacted merely for public benefit.

                        Section 33.   A person shall enjoy the liberty of dwelling.
                        Entry into a dwelling without consent of its possessor or search of a dwelling or private place shall not be made except by order or warrant issued by the Court or on the ground as provided by law.

                        Section 34.   A person shall enjoy freedom of opinion, speech, writing, printing, publication and expression by any other mean.  Restriction of such freedom shall not be imposed except by virtue of law necessary for the protection of State security, or of right or liberty of other, or of public order or good morals, or of public health.
                        Academic freedom shall be protected.  The exercise of academic freedom shall, with respect to and recognize of different thoughts, not be contrary to the duties of Thai people or good morals.

                        Section 35.   A person practicing mass media profession shall, in accordance with professional ethics, enjoy freedom of the press in presenting news and information or expressing opinion.
                        The order to close newspaper or other mass media business with a view to interfere the freedom under paragraph one shall not be made.
                        Censorship of news or statements by State authority before its publication in a newspaper or other mass media shall not be made, except where the country is in a state of war.
                        The owner of a newspaper or other mass media business shall be a Thai national.
                        The State shall not contribute any subsidy, whether in cash or in kind, to private newspaper or any other mass media.  A State agency spending money or any other property to any mass media for the purpose of advertising, public relations or the like shall disclose detailed information on such spending to the State Audit Commission within the period prescribed thereby and shall also disclose such information to public.
                        A State official who performs the duty of media shall enjoy the freedom under paragraph one with due regard to objectives and mission of his affiliated agency.

                        Section 36.   A person shall enjoy the liberty of communication by lawful means.
                        Censorship, detention or disclosure of communication between persons as well as any other act done in any manner whatsoever to know or obtain information under communication between persons shall not be made, except by order or warrant issued by the Court or on other grounds as provided by law.

                        Section 37.   A person shall enjoy the right to properties and succession.
                        The extent and restriction of the aforesaid right shall be as prescribed by law.
                        An expropriation of immovable property shall not be made, except by virtue of law enacted for the provision of public utility, for national defense, for the acquisition of natural resources or for any other public benefit.  In this case, fair compensation shall be paid in due time to the owner as well as other entitled persons who suffer loss as a result of such expropriation with due regard to public benefit, impact on the expropriated person and benefit in which that person may obtain from such expropriation.
                        An expropriation of immovable property shall be made in so far as it is necessary for the purpose of use as provided in paragraph three, except an expropriation in which the expropriated property being a part of fair compensation to be paid to the owner of the expropriated property as provided by law.
                        The law to be enacted for the expropriation of immovable property shall clarify the purpose of, and the utilization period of, the expropriation.  If the expropriated property has not been utilized within such period or remained, it shall, upon a request of the original owner or his heir, be returned thereto.
                        A request for, and a return of, the unutilized or remaining expropriated property to the original owner or his heir and a recall of the paid compensation shall be provided by law.
                        An enactment of the expropriation law by mean of prescribing the specific property or owner thereof shall not be deemed to be contrary to section 26 paragraph two.

                        Section 38.   A person shall enjoy the liberty of movement and the freedom to choose his residence.
                        Restriction on the liberty and freedom under paragraph one shall not be imposed except by virtue of law enacted for the protection of national security, public order or public welfare, urban planning or family or youth welfare.

                        Section 39.   No person of Thai nationality shall be deported from, or prohibited to enter into, the Kingdom.
                        Revocation of Thai nationality acquired by birth shall be prohibited.

                        Section 40.   A person shall enjoy the liberty to engage in an occupation.
                        Restriction of the liberty under paragraph one shall not be imposed except by virtue of law enacted for the protection of national security or economy or fair competition, prevention or elimination of barrier to trade or monopoly, consumer protection, regulation of occupation as necessary, or for other public benefits.
                        An enactment of law to regulate occupation under paragraph two shall not be of discriminatory manner or interfering the provision of education of educational institution.

                        Section 41.   A person and community shall have the following rights:
                        (1)  to be informed of, and to access to, public information in possession of State agency as provided by law;
                        (2)  to petition to State agency and to be informed of the result thereon without delay;
                        (3)  to bring legal action against State agency for an act or an omission of an act of its official, officer or employee.

                        Section 42.   A person shall enjoy the freedom to associate with others as an association, co-operative, union, organization, community or any other group.
                        Restriction of the freedom under paragraph one shall not be imposed except by virtue of law enacted for the protection of public benefit, public order or good morals or prevention or elimination of barrier to trade or monopoly.

                        Section 43.   A person and community shall have the following rights:
                        (1)  to conserve, revive or promote good local and national wisdom, arts, cultures, tradition and custom;
                        (2)  to manage, maintain and utilize national resources, environment and biological diversity in balanced and sustainable manner in accordance with the procedure as provided by law;
                        (3)  to jointly with others to propose a State agency to do something which may be beneficial to the public or community or to omit doing something which may produce adverse effect to normal living conditions of the public or community and shall be informed of the result thereon without delay.  In this regard, a State agency shall consider the proposal with participation of related stakeholders in accordance with the procedure as provided by law;
                        (4)  to provide community welfare.
                        The rights of a person and community under paragraph one include the right to join with local administration or State in doing so.

                        Section 44.   A person shall enjoy the liberty to assemble peacefully and without arms.
                        Restriction of the liberty under paragraph one shall not be imposed except by virtue of law enacted for the protection of national security, public safety, public order or good morals or right or liberty of others.

                        Section 45.   A person shall enjoy the liberty to unite and form a political party under the democratic regime of government with the King as Head of State as provided by law.
                        The law under paragraph one shall at least have the provisions on transparency and accountability of the administration of political party and on participation of the members thereof in, to the greatest extent, determining political party’s policy and selecting of candidate in an election as well as the measure to prevent the political party from manipulation of any person who is not a member thereof and to supervise a member of the political party to refrain from any act which is contrary to, or inconsistent with, the law related to an election.

                        Section 46.   Consumer right shall be protected.
                        A person shall have the right to unite and form consumer organization to protect and defend consumer right.
                        The consumer organization under paragraph two shall have the right to unite and form an autonomous organization to strengthen capability in protection and defense of consumer right with support of State.  The rule and procedure for the formation, legal status as a representative of consumers and financial support of State shall be provided by law.

                        Section 47.   A person shall have the right to obtain public health service as provided by State.
                        An indigent shall have the right to obtain public health service as provided by State without charge as provided by law.
                        A person shall have the right obtain prevention and elimination of contagious disease provided by State without charge.

                        Section 48.   Right of mother to protection and assistance during a period before and after childbirth shall be accorded as provided by law.
                        A person over sixty years of age and earning insufficient incomes to live his life and an indigent shall have the right to appropriate assistance provided by State as provided by law.

                        Section 49.   No person shall exercise his right or liberty to overthrow the democratic regime of government with the King as Head of State.
                        Any person who knows of an act under paragraph one shall have the right to petition to the Attorney-General so as to request the Constitutional Court to terminate such act.
                        In the case where the Attorney-General refuses the petition or fails to request the Constitutional Court within fifteen days as from the date of receipt of the petition, the person lodging the petition may make a request directly to the Constitutional Court.

                        The exercise of the right under this section shall not be prejudice to the criminal prosecution against the person committing the act under paragraph one. 


N.B. In this translation, singular includes plural and masculine includes feminine.  

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