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Section 207. A Minister shall not be a Government official
holding a permanent position or receiving a salary except political official.
Section 208. A Minister shall not hold a position or perform any
act provided in section 110, except the position required to be held by the
operation of law, and shall not hold any other position in a partnership, company
or any organisation which engages in a business with a view to sharing profits or
incomes or be an employee of any person.
Section 209. A Minister shall not be a partner or shareholder of a
partnership or a company or retain his or her being a partner or shareholder of a
partnership or a company up to the limit as provided by law. In the case where
any Minister intends to continue to receive benefits in such cases, such Minister
shall inform the President of the National Counter Corruption Commission
within thirty days as from the date of the appointment and shall transfer his or
her shares in the partnership or company to a juristic person which manages
assets for the benefit of other persons as provided by law.
The Minister shall not do any act which, by nature, amounts to the
administration or management of shares or affairs of such partnership or
company.
Section 210. A Minister has the right to attend and give statements
of fact or opinions at a sitting of the House but has no right to vote. In the case
where the House of Representatives or the Senate has passed a resolution
requiring Ministers to attend a sitting for any matter, they shall attend the sitting.
The provisions of section 157 and section 158 governing privileges
shall apply mutatis mutandis.
Section 211. The Council of Ministers which will assume the
administration of the State affairs must, within fifteen days as from the date it
takes office, state its policies to the National Assembly; provided that no vote of
confidence shall be passed.
Before stating policies to the National Assembly under
paragraph one, if there occurs a case of importance and necessary urgency which, if left
delayed, will affect material benefits of the State, the Council of Ministers which
has taken office may, for the time being, carry out such acts in so far as it is
necessary.
Section 212. Ministers shall carry out the administration of the
State affairs in accordance with the provisions of the Constitution, laws and the
policies stated under section 211, and shall be responsible individually to the
House of Representatives for the performance of their duties and shall also be
responsible collectively to the National Assembly for the general policies of the
Council of Ministers.
Section 213. In the case where there is an important problem in
the administration of the State affairs in regard to which the Council of Ministers
deems it advisable to take opinion of members of the House of Representatives
and senators, the Prime Minister may give a notice to the President of the
National Assembly requesting that a general debate be held at a joint sitting of
the National Assembly. In such case, no resolution shall be passed by the
National Assembly on the issue put in the debate.
Section 214. In the case where the Council of Ministers is of the
opinion that any issue may affect national or public interests, the Prime Minister,
with the approval of the Council of Ministers, may consult the President of the
House of Representatives and the President of the Senate for the purpose of
publishing in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to
whether the important issue under paragraph one, which is not the issue contrary
to or inconsistent with this Constitution, will be approved or not. A referendum
shall not be held on an issue specifically relating to any individual or group of
persons.
The publication under paragraph one shall fix the date of the
referendum, which shall not be earlier than ninety days and shall not be later than
one hundred and twenty days as from the date of its publication in the
Government Gazette, and the date of the referendum shall be the same
throughout the Kingdom.
While the publication under paragraph one is in force, the State
shall take action to ensure that persons who agree or disagree with such issue can
express their opinions equally.
The persons having the right to vote in an election of members of
the House of Representatives shall have the right to vote in a referendum.
If it appears from the referendum that the people voting in the
referendum are less than one-fifth of the persons having the right to vote, the
issue for which consultation is sought shall be deemed to be disapproved by a
majority of people. If the people voting in the referendum are more than one-fifth
of the persons having the right to vote and it appears that the people voting in the
referendum approve it by a majority of votes, the issue for which consultation is
sought shall be deemed to be approved by a majority of people.
The referendum under this section shall have the mere effect of
advice given to the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in
accordance with the organic law on referendum.
Section 215. Ministers vacate office en masse upon:
(1) the termination of ministership of the Prime Minister under
section 216;
(2) the expiration of the term or the dissolution of the House of
Representatives;
(3) the resignation of the Council of Ministers.
The outgoing Council of Ministers shall remain in office for
carrying out duties until the newly appointed Council of Ministers takes office
but, in the case of the vacation of office under (2), shall not exercise its power to
appoint, transfer or dismiss a Government official holding a permanent position
or receiving a salary or an official of a State agency or State enterprise, except
with the approval of the Election Commission.
The provisions of section 118(7) and paragraph two thereof and
section 204 shall not apply to the outgoing Council of Ministers which remains
in office for carrying out duties under paragraph two.
In the case where the ministership of the Prime Minister terminates
under section 216 (1), (2), (3), (4), (6) or (8), the procedure under section 202
and section 203 shall apply mutatis mutandis.
Section 216. The ministership of an individual Minister terminates
upon:
(1) death;
(2) resignation;
(3) being disqualified or being under any of the prohibitions under
section 206;
(4) being sentenced by a judgment to imprisonment;
(5) the passing of a vote of no-confidence by the House of
Representatives under section 185 or section 186;
(6) having done an act prohibited by section 208 or section 209;
(7) the issuance of a Royal Command under section 217;
(8) being removed from office by a resolution of the Senate under
section 307.
The provisions of section 96 and section 97 shall apply to the
termination of the ministership under (2), (3), (4) or (6).
Section 217. The King has the prerogative to remove a Minister
from his or her office upon the advice of the Prime Minister.
Section 218. For the purpose of maintaining national or public
safety or national economic security, or averting public calamity, the King may
issue an Emergency Decree which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one shall
be made only when the Council of Ministers is of the opinion that it is the case of
emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly, the
Council of Ministers shall submit the Emergency Decree to the National
Assembly for its consideration without delay. If it is out of session and it would
be a delay to wait for the opening of an ordinary session, the Council of
Ministers must proceed to convoke an extraordinary session of the National
Assembly in order to consider whether to approve or disapprove the Emergency
Decree without delay. If the House of Representatives disapproves it or approves
it but the Senate disapproves it and the House of Representatives reaffirms its
approval by the votes of not more than one-half of the total number of the
existing members of the House, the Emergency Decree shall lapse; provided that
it shall not affect any act done during the enforcement of such Emergency
Decree.
If the Emergency Decree under paragraph one has the effect of
amending or repealing any provisions of any Act and such Emergency Decree
has lapsed in accordance with paragraph three, the provisions of the Act in force
before the amendment or repeal shall continue to be in force as from the day the
disapproval of such Emergency Decree is effective.
If the House of Representatives and the Senate approve the
Emergency Decree, or if the Senate disapproves it but the House of
Representatives reaffirms its approval by the votes of more than one-half of the
total number of the existing members of the House, such Emergency Decree
shall continue to have the force as an Act.
The Prime Minister shall cause the approval or disapproval of the
Emergency Decree to be published in the Government Gazette. In case of
disapproval, it shall be effective as from the day following the date of its
publication in the Government Gazette.
The consideration of an Emergency Decree by the Senate and the
House of Representatives in case of reaffirmation of the Emergency Decree must
take place at the first opportunity when such Houses hold their sittings.
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Section 219. Before the House of Representatives or the Senate
approves an Emergency Decree under section 218 paragraph three, members of
the House of Representatives or senators of not less than one-fifth of the total
number of the existing members of each House have the right to submit an
opinion to the President of the House of which they are members that the
Emergency Decree is not in accordance with section 218 paragraph one, and the
President of the House who receives such opinion shall then refer it to the
Constitutional Court for decision. After the Constitutional Court has given a
decision thereon, it shall notify its decision to the President of the House
referring such opinion.
When the President of the House of Representatives or the
President of the Senate has received the opinion from members of the House of
Representatives or senators under paragraph one, the consideration of such
Emergency Decree shall be deferred until the decision of the Constitutional
Court under paragraph one has been notified.
In the case where the Constitutional Court decides that any
Emergency Decree is not in accordance with section 218 paragraph one, such
Emergency Decree shall not have the force of law ab initio.
The decision of the Constitutional Court that an Emergency Decree
is not in accordance with section 218 paragraph one must be given by votes of
not less than two-thirds of the total number of members of the Constitutional
Court.
Section 220. If, during a session, it is necessary to have a law on
taxes, duties or currency, which, in the interests of the State, requires an urgent
and confidential consideration, the King may issue an Emergency Decree which
shall have the force as an Act.
The Emergency Decree issued under paragraph one must be
submitted to the House of Representatives within three days as from the day
following the date of its publication in the Government Gazette, and the
provisions of 218 shall apply mutatis mutandis.
Section 221. The King has the prerogative to issue a Royal Decree
which is not contrary to the law.
Section 222. The King has the prerogative to declare and lift the
martial law in accordance with the conditions and manner under the Martial
Law.
In the case where it is necessary to declare the martial law in a
certain locality as a matter of urgency, the military authority may do so under the
Martial Law.
Section 223. The King has the prerogative to declare war with the
approval of the National Assembly.
The approval resolution of the National Assembly must be passed
by votes of not less than two-thirds of the total number of the existing members
of both Houses.
During the expiration of the term or the dissolution of the House of
Representatives, the Senate shall perform the function of the National Assembly
in giving the approval under paragraph one, and the resolution shall be passed by
votes of not less than two-thirds of the total number of the existing senators.
Section 224. The King has the prerogative to conclude a peace
treaty, armistice and other treaties with other countries or international
organisations.
A treaty which provides for a change in the Thai territories or the
jurisdiction of the State or requires the enactment of an Act for its
implementation must be approved by the National Assembly.
Section 225. The King has the prerogative to grant a pardon.
Section 226. The King has the prerogative to remove titles and
recall decorations.
Section 227. The King appoints and removes officials in the
military service and civil service who hold the positions of Permanent Secretary
of State, Director-General and their equivalents except in the case where they
vacate office upon death.
Section 228. A Government official holding a permanent position
or receiving a salary and not being a political official shall not be a political
official or hold other political position.
Section 229. Emoluments and other remuneration of Privy
Councillors, President and Vice-Presidents of the House of Representatives,
President and Vice-Presidents of the Senate, Leader of the Opposition in the
House of Representatives, members of the House of Representatives and
senators shall be prescribed by the Royal Decree.
Gratuities, pensions or other remuneration of Privy Councillors,
President and Vice-Presidents of the House of Representatives, President and
Vice-Presidents of the Senate, Prime Minister, Ministers, Leader of the
Opposition in the House of Representatives, members of the House of
Representatives and senators who vacate their office shall be prescribed by the
Royal Decree.
Section 230. The establishment of a new Ministry, Sub-Ministry
or Department which requires an increase of positions or the number of
Government officials or employees shall be made in the form of an Act.
The amalgamation or transfer of Ministries, Sub-Ministries or
Departments which has or does not have the effect of establishing a new
Ministry, Sub-Ministry or Department and which does not require an increase of
positions or the number of Government officials or employees, or the dissolution
of a Ministry, Sub-Ministry or department shall be made in the form of a Royal
Decree.
An increase of positions or the number of Government officials or
employees in a Ministry, Sub-Ministry or Department which is newly established
or in the Ministry, Sub-Ministry or Department which is amalgamated or to
which the transfer is made shall not be permitted within three years as from the
date of the amalgamation or the transfer thereof under paragraph two.
The Royal Decree under paragraph two shall also specify the
powers and duties of the newly established Ministry, Sub-Ministry or
Department, the transfer of powers and duties under the provisions of the law
vested in the original Government agency or officials and the transfer of officials
and employees, budget, assets and liabilities.
The execution under paragraph two in respect of a Ministry, Sub-
Ministry or Department already established by an Act shall be made in the form
of a Royal Decree. The Royal Decree so issued shall be deemed to have the
effect of amending, in the relevant parts, the provisions of the Act or law which
has the same force as an Act.
Section 231. All laws, Royal Rescripts and Royal Commands
relating to the State affairs must be countersigned by a Minister unless otherwise
provided in this Constitution.
Section 232. All laws which have been signed or deemed to have
been signed by the King shall forthwith be published in the Government Gazette.
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CHAPTER VIII
The Courts
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Part 1
General Provisions
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Section 233. The trial and adjudication of cases are the powers of
the Courts, which must proceed in accordance with the Constitution and the law
and in the name of the King.
Section 234. All Courts may be established only by Acts.
A new Court for the trial and adjudication of any particular case or
a case of any particular charge in place of an ordinary Court existing under the
law and having jurisdiction over such case shall not be established.
Section 235. A law having an effect of changing or amending the
law on the organisation of Courts or on judicial procedure for the purpose of its
application to a particular case shall not be enacted.
Section 236. The hearing of a case requires a full quorum of
judges. Any judge not sitting at the hearing of a case shall not give judgement or
a decision of such case, except for the case of force majeure or any other
unavoidable necessity as provided by law.
Section 237. In a criminal case, no arrest and detention of a person
may be made except where an order or a warrant of the Court is obtained, or
where such person commits a flagrant offence or where there is such other
necessity for an arrest without warrant as provided by law. The arrested person
shall, without delay, be notified of the charge and details of such arrest and shall
be given an opportunity to inform, at the earliest convenience, his or her relative,
or the person of his or her confidence, of the arrest. The arrested person being
kept in custody shall be sent to the Court within forty eight hours as from the
time of his or her arrival at the office of the inquiry official in order for the court
to consider whether there is a reasonable ground under the law for the detention
of the arrested person or not, except for the case of force majeure or any other
unavoidable necessity as provided by law.
A warrant of arrest or detention of a person may be issued where:
(1) there is reasonable evidence that such person is likely to have
committed a serious offence which is punishable as provided by law; or
(2) there is reasonable evidence that such person is likely to have
committed an offence and there also exists a reasonable cause to believe that
such person is likely to abscond, tamper with the evidence or commit any other
dangerous act.
Section 238. In a criminal case, a search in a private place shall
not be made except where an order or a warrant of the Court is obtained or there
is a reasonable ground to search without an order or a warrant of the Court as
provided by law.
Section 239. An application for a bail of the suspect or the
accused in a criminal case must be accepted for consideration without delay, and
an excessive bail shall not be demanded. The refusal of a bail must be based
upon the grounds specifically provided by law, and the suspect or the accused
must be informed of such grounds without delay.
The right to appeal against the refusal of a bail is protected as
provided by law.
A person being kept in custody, detained or imprisoned has the
right to see and consult his or her advocate in private and receive a visit as may
be appropriate.
Section 240. In the case of the detention of a person in a criminal
case or any other case, the detainee, the public prosecutor or other person acting
in the interest of the detainee has the right to lodge with the Court having
criminal jurisdiction a plaint that the detention is unlawful. Upon receipt of such
plaint, the Court shall forthwith proceed with an ex parte examination. If, in the
opinion of the Court, the plaint presents a prima facie case, the court shall have
the power to order the person responsible for the detention to produce the
detainee promptly before the Court, and if the person responsible for the
detention can not satisfy the Court that the detention is lawful, the Court shall
order an immediate release of the detainee.
Section 241. In a criminal case, the suspect or the accused has the
right to a speedy, continuous and fair inquiry or trial.
At the inquiry stage, the suspect has the right to have an advocate
or a person of his or her confidence attend and listen to interrogations.
An injured person or the accused in a criminal case has the right to
inspect or require a copy of his or her statements made during the inquiry or
documents pertaining thereto when the public prosecutor has taken prosecution
as provided by law.
In a criminal case for which the public prosecutor issues a final
non-prosecution order, an injured person, the suspect or an interested person has
the right to know a summary of evidence together with the opinion of the inquiry
official and the public prosecutor with respect to the making of the
order for the case, as provided by law.
Section 242. In a criminal case, the suspect or the accused has the
right to receive an aid from the State by providing an advocate as provided by
law. In the case where a person being kept in custody or detained cannot find an
advocate, the State shall render assistance by providing an advocate without
delay.
In a civil case, a person has the right to receive a legal aid from the
State, as provided by law.
Section 243. A person has the right not to make a statement
incriminating himself or herself which may result in criminal prosecution being
taken against him or her.
Any statement of a person obtained from inducement, a promise,
threat, deceit, torture, physical force, or any other unlawful act shall be
inadmissible in evidence.
Section 244. In a criminal case, a witness has the right to
protection, proper treatment, necessary and appropriate remuneration from the
State as provided by law.
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Section 245. In a criminal case, an injured person has the right to
protection, proper treatment and necessary and appropriate remuneration from
the State, as provided by law.
In the case where any person suffers an injury to the life, body or
mind on account of the commission of a criminal offence by other person
without the injured person participating in such commission and the injury
cannot be remedied by other means, such person or his or her heir has the right
to receive an aid from the State, upon the conditions and in the manner provided
by law.
Section 246. Any person who has become the accused in a
criminal case and has been detained during the trial shall, if it appears from the
final judgement of that case that the accused did not commit the offence or the
act of the accused does not constitute an offence, be entitled to appropriate
compensation, expenses and the recovery of any right lost on account of that
incident, upon the conditions and in the manner provided by law.
Section 247. In the case where any person was inflicted with a
criminal punishment by a final judgment, such person, an interested person, or
the public prosecutor may submit a motion for a review of the case. If it appears
in the judgment of the Court reviewing the case that he or she did not commit the
offence, such person or his or her heir shall be entitled to appropriate
compensation, expenses and the recovery of any right lost by virtue of the
judgment upon the conditions and in the manner provided by law.
Section 248. In the case where there is a dispute on the competent
jurisdiction among the Court of Justice, the Administrative Court, the Military
Court or any other Court, it shall be decided by a committee consisting of the
President of the Supreme Court of Justice as Chairman, the President of the
Supreme Administrative Court, the President of such other Court and not more
than four qualified persons as provided by law as members.
The rules for the submission of the dispute under paragraph one
shall be as provided by law.
Section 249. Judges are independent in the trial and adjudication
of cases in accordance with the Constitution and the law.
The trial and adjudication by judges shall not be subject to
hierarchical supervision.
The distribution of case files to judges shall be in accordance with
the rules prescribed by law.
The recall or transfer of case files shall not be permitted except in
the case where justice in the trial and adjudication of the case shall otherwise be
affected.
The transfer of a judge without his or her prior consent shall not be
permitted except in the case of termly transfer as provided by law, promotion to a
higher position, being under a disciplinary action or becoming a defendant in a
criminal case.
Section 250. Judges shall not be political officials or hold
political positions.
Section 251. The King appoints and removes judges except in the
case of removal from office upon death.
The appointment and removal from office of a judge of any Court
other than the Constitutional Court, the Court of Justice, the Administrative
Court and the Military Court as well as the adjudicative jurisdiction and
procedure of such Courts shall be in accordance with the law on the
establishment of such Courts.
Section 252. Before taking office, a judge shall make a solemn
declaration before the King in the following words:
"I, (name of the declarer) do solemnly declare that I will be loyal
to His Majesty the King and will faithfully perform my duties in the name of the
King without any partiality in the interest of justice, of the people and of the
public order of the Kingdom. I will also uphold and observe the democratic
regime of government with the King as Head of the State, the Constitution of the
Kingdom of Thailand and the law in every respect."
Section 253. Salaries, emoluments and other benefits of judges
shall be as provided by law; provided that the system of salary-scale or
emoluments applicable to civil servants shall not be applied.
The provisions of paragraph one shall apply to Election
Commissioners, Ombudsmen, members of the National Counter Corruption
Commission and members of the State Audit Commission mutatis mutandis.
Section 254. No person may simultaneously become a member,
whether an ex officio member or a qualified member, of the Judicial Commission
of the Courts of Justice, the Administrative Court or any other Court as provided
by law.
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Part 2
Constitutional Court
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Section 255. The Constitutional Court consists of the President
and fourteen judges of the Constitutional Court to be appointed by the King upon
advice of the Senate from the following persons:
(1) five judges of the Supreme Court of Justice holding a position
of not lower than Judge of the Supreme Court of Justice and elected at a general
meeting of the Supreme Court of Justice by secret ballot;
(2) two judges of the Supreme Administrative Court elected at a
general meeting of the Supreme Administrative Court by secret ballot;
(3) five qualified persons in law elected under section 257;
(4) three qualified persons in political science elected
under section 257.
The elected persons under paragraph one shall hold a meeting and
elect one among themselves to be the President of the Constitutional Court and
notify the result to the President of the Senate accordingly.
The President of the Senate shall countersign the Royal Command
appointing the President and judges of the Constitutional Court.
Section 256. The qualified person under section 255 (3) and (4)
shall possess the qualifications and shall not be under any of the prohibitions as
follows:
(1) being of Thai nationality by birth;
(2) being not less than forty five years of age;
(3) having been, in the past, a Minister, an Election Commissioner,
an Ombudsman, a member of the National Human Rights Commission, a
member of the National Counter Corruption Commission or a member of the
State Audit Commission, or having served, in the past, in a position of not lower
than Deputy Prosecutor General, Director-General or its equivalent, or holding a
position of not lower than Professor;
(4) not being under any of the prohibitions under section 106 or
section 109 (1), (2), (4), (5), (6), (7), (13) or (14);
(5) not being a member of the House of Representatives, senator,
political official, member of a local assembly or local administrator;
(6) not being or having been, in the past, a member or holder of
other position of a political party over the period of three years preceding the
taking of office;
(7) not being an Election Commissioner, an Ombudsman, a
member of the National Human Rights Commission, a judge of an
Administrative Court, a member of the National Counter Corruption
Commission or a member of the State Audit Commission.
Section 257. The selection and election of judges of the
Constitutional Court under section 255 (3) and (4), shall be proceeded as
follows:
(1) there shall be a Selective Committee for judges of the
Constitutional Court consisting of the President of the Supreme Court of Justice, Deans of
the Faculty of Law, or the equivalent, of all State higher education institutions,
being elected among themselves to be four in number, Deans of the Faculty of
Political Science, or the equivalent, of all State higher education institutions,
being elected among themselves to be four in number, and representatives of all
political parties having a member who is a member of the House of
Representatives provided that each party shall have one representative and all
such representatives shall elect among themselves to be four in number, as
members. The Committee shall have the duties to select and prepare a list of
names of ten qualified persons under section 255 (3) and six qualified persons
under section 255 (4) and submit it to the President of the Senate with the
consent of the nominated persons within thirty days as from the date when a
ground for the selection of persons to be in such office occurs. The resolution
making such nomination must be passed by votes of not less than three-fourths of
the total number of the existing members of the Committee;
(2) the President of the Senate shall convoke the Senate for a
sitting for the purpose of passing a resolution, by secret ballot, electing the
nominated persons in the list under (1). For this purpose, the first five persons
in the name-list of qualified persons under section 255 (3) and the first three
persons in the name-list of qualified persons under section 255 (4) who receive
the highest votes which are more than one-half of the total number of the
existing senators shall be elected as judges of the Constitutional Court, but if the
number of the persons elected from the name-list of the qualified persons under
section 255 (3) is less than five or the number of the persons elected from the
name-list of the qualified persons under section 255 (4) is less than three, the
name-list of those not elected on the first occasion shall be submitted to the
senators for voting on another occasion consecutively. In such case, the persons
receiving the highest number of votes in respective order in the specified number
shall be elected as judges of the Constitutional Court. If there are persons
receiving equal votes in any order which result in having more than five or three
persons, as the case may be, the President of the Senate shall draw lots to
determine who are elected persons.
The provisions of section 255 paragraph two and paragraph three
shall apply mutatis mutandis.
Section 258. The President and judges of the Constitutional Court
shall not:
(1) be a Government official holding a permanent position or
receiving a salary;
(2) be an official or employee of a State agency, State enterprise or
local government organisation or a director or adviser of a State enterprise or
State agency;
(3) hold any position in a partnership, a company or an
organisation carrying out business with a view to sharing profits or incomes, or
be an employee of any person;
(4) engage in any independent profession.
In the case where the general meeting of the Supreme Court
of Justice, the general meeting of the Supreme Administrative Court or the Senate, as the case
may be, has elected the person in (1), (2), (3) or (4) with the consent of that
person, the elected person can commence the performance of duties only when
he or she has resigned from the position in (1), (2) or (3) or has satisfied that his
or her engagement in such independent profession has ceased to exist. This must
be done within fifteen days as from the date of the election. If such person has
not resigned or has not ceased to engage in the independent profession within the
specified time, it shall be deemed that that person has never been elected to be a
judge of the Constitutional Court and the provisions of section 261 shall apply.
Section 259. The President and judges of the Constitutional Court
shall hold office for nine years as from the date of their appointment by the King
and shall hold office for only one term .
The outgoing President and judges of the Constitutional Court
shall remain in office to perform duties until the newly appointed President and
judges of the Constitutional Court take office.
The President and judges of the Constitutional Court shall be
judicial officials under the law.
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Section 260. In addition to the vacation of office upon the
expiration of term, the President and judges of the Constitutional Court vacate
office upon:
(1) death;
(2) being of seventy years of age;
(3) resignation;
(4) being disqualified or being under any of the prohibitions under
section 256;
(5) having done an act in violation of section 258;
(6) the Senate passing a resolution under section 307 for the
removal from office;
(7) being sentenced by a judgement to imprisonment.
When a case under paragraph one occurs, the remaining judges
shall continue to perform their duties subject to section 267.
Section 261. In the case where the President and judges of the
Constitutional Court vacate office en masse at the expiration of term, the
proceedings under section 255 and section 257 shall be taken within thirty days
as from the date of the vacation of office.
In the case where the President and judges of the Constitutional
Court vacate office otherwise than in the case under paragraph one, the following
proceedings shall be taken:
(1) in the case of the judge of the Constitutional Court who was
elected at the general meeting of the Supreme Court of Justice, section 255 (1) shall apply
mutatis mutandis; provided that the election thereunder shall be completed
within thirty days as from the date of the vacation of office;
(2) in the case of the judge of the Constitutional Court who was
elected at the general meeting of the Supreme Administrative Court, section 255
(2) shall apply mutatis mutandis; provided that the election thereunder shall be
completed within thirty days as from the date of the vacation of office;
(3) in the case of the judges of the Constitutional Court under
section 255(3) or (4), section 257 shall apply mutatis mutandis. In such case, the
nomination of suitable persons to be qualified judges of the Constitutional Court
under section 255 (3) or (4) shall be presented to the President of the Senate by
submitting names of persons in the double number of the outgoing judges and
the Senate shall pass a resolution for the election within thirty days from the date
of the vacation office.
In the case where some or all judges of the Constitutional Court
vacate office out of a session of the National Assembly, the proceedings under
section 257 shall be taken within thirty days as from the date of the opening of a
session of the National Assembly.
In the case where the President of the Constitutional Court vacates
office, the provisions of section 255 paragraph two shall apply mutatis mutandis.
Section 262. After any bill or organic law bill has been approved
by the National Assembly under section 93 or has been reaffirmed by the
National Assembly under section 94, before the Prime Minister presents it to the
King for signature:
(1) if members of the House of Representatives, senators or
members of both Houses of not less than one-tenth of the total number of the
existing members of both Houses are of the opinion that provisions of the said
bill are contrary to or inconsistent with this Constitution or such bill is enacted
contrary to the provisions of this Constitution, they shall submit their opinion to
the President of the House of Representatives, the President of the Senate or the
President of the National Assembly, as the case may be, and the President of the
House receiving such opinion shall then refer it to the Constitutional Court for
decision and, without delay, inform the Prime Minister thereof;
(2) if not less than twenty members of the House of
Representatives, senators or members of both Houses are of the opinion that the
provisions of the said organic law bill are contrary to or inconsistent with this
Constitution or such organic law bill is enacted contrary to this Constitution, they
shall submit their opinion to the President of the House of Representatives, the
President of the Senate or the President of the National Assembly, as the case
may be, and the President of the House receiving such opinion shall then refer it
to the Constitutional Court for decision and, without delay, inform the Prime
Minister thereof;
(3) if the Prime Minister is of the opinion that the provisions of the
said bill or organic law bill are contrary to or inconsistent with this Constitution
or it is enacted contrary to the provisions of this Constitution, the Prime Minister
shall refer such opinion to the Constitutional Court for decision and, without
delay, inform the President of the House of Representatives and the President of
the Senate thereof.
During the consideration of the Constitutional Court, the Prime
Minister shall suspend the proceedings in respect of the promulgation of the bill
or organic law bill until the Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill
or organic law bill are contrary to or inconsistent with this Constitution or it is
enacted contrary to the provisions of this Constitution and that such provisions
of the bill or organic law bill form the essential element thereof, such bill or
organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill
or organic law bill are contrary to or inconsistent with this Constitution otherwise
than in the case specified in paragraph three, such conflicting or inconsistent
provisions shall lapse and the Prime Minister shall proceed further in accordance
with section 93 or section 94, as the case may be.
Section 263. The provisions of section 262 (2) shall apply mutatis
mutandis to draft rules of procedure of the House of Representatives, draft rules
of procedure of the Senate and draft rules of procedure of the National Assembly
which have already been approved by the House of Representatives, the Senate
or the National Assembly, as the case may be, but remain unpublished in the
Government Gazette.
Section 264. In the application of the provisions of any law to any
case, if the Court by itself is of the opinion that, or a party to the case raises an
objection that, the provisions of such law fall within the provisions of section 6
and there has not yet been a decision of the Constitutional Court on such
provisions, the Court shall stay its trial and adjudication of the case and submit,
in the course of official service, its opinion to the Constitutional Court for
consideration and decision.
In the case where the Constitutional Court is of the opinion that the
objection of a party under paragraph one is not essential for decision, the
Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but
shall not affect final judgements of the Courts.
Section 265. In the performance of duties, the Constitutional
Court shall have the power to demand documents or relevant evidence from any
person or summon any person to give statements of fact as well as request the
Courts, inquiry officials, a State agency, State enterprise or local government
organisation to carry out any act for the purpose of its consideration.
The Constitutional Court shall have the power to appoint a person
or a group of persons to carry out duties as entrusted.
Section 266. In the case where a dispute arises as to the powers
and duties of organs under the Constitution, such organs or the President of the
National Assembly shall submit a matter together with the opinion to the
Constitutional Court for decision.
Section 267. The quorum of judges of the Constitutional Court for
hearing and giving a decision shall consist of not less than nine judges. The
decision of the Constitutional Court shall be made by a majority of votes, unless
otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum
shall give a decision on his or her own part and make an oral statement to the
meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof
shall be published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the
background or allegation, summary of facts obtained from hearings, reasons for
the decision on questions of fact and questions of law and the provisions of the
Constitution and the law invoked and resorted to.
Section 268. The decision of the Constitutional Court shall be
deemed final and binding on the National Assembly, Council of Ministers,
Courts and other State organs.
Section 269. The procedure of the Constitutional Court shall be
prescribed by the Constitution Court, which must be done by a unanimous
resolution of its judges, and shall be published in the Government Gazette.
The procedure of the Constitutional Court under paragraph one
must also be founded at least upon fundamental guarantees with regard to the
openness of hearing, the opportunity to the parties to express their opinions
before the decision of the case, the right of the parties to inspect documents
relating to them, the opportunity to challenge the judge of the Constitutional
Court and the reasoning of the decision or order of the Constitutional Court.
Section 270. The Constitutional Court shall have its independent
secretariat, with the Secretary-General of the Office of the
Constitutional Court as the superior responsible directly to the President of the
Constitutional Court.
The appointment of the Secretary-General of the Office of the
Constitutional Court must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in
personnel administration, budget and other activities as provided by law.
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Part 3
Courts of Justice
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Section 271. The Courts of Justice have the powers to try and
adjudicate all cases except those specified by this Constitution or the law to be
within the jurisdiction of other courts.
Section 272. There shall be three levels of Courts of Justice, viz,
Courts of First Instance, Court of Appeal and the Supreme Court of Justice, except
otherwise provided by this Constitution or other laws.
There shall be in the Supreme Court of Justice a Criminal Division for Persons Holding Political Positions
the quorum of which consists of nine judges of the Supreme Court of Justice holding a position of not lower
than Judge of theSupreme Court of Justice and elected at a general meeting of the Supreme Court
of Justice by secret ballot and on a case-by-case basis.
The competence of the Supreme Court of Justice?s Criminal Division
for Persons Holding Political Positions and the criminal procedure for such
persons shall be as provided by this Constitution and the organic law on criminal
procedure for persons holding political positions.
Section 273. The appointment and removal from office of a judge
of a Court of Justice must be approved by the Judicial Commission of the Courts
of Justice before they are tendered to the King.
The promotion, increase of salaries and punishment of judges of
the Courts of Justice must be approved by the Judicial Commission of the Courts
of Justice. For this purpose, the Judicial Commission of the Courts of Justice
shall appoint a sub-committee in each level of Courts for preparing and
presenting its opinion on such matter for consideration.
Section 274. The Judicial Commission of the Courts of Justice
consists of the following persons:
(1) President of the Supreme Court of Justice as Chairman;
(2) twelve qualified members of all levels of Courts, four persons
from each level, who are judges of each level of Courts and elected by judicial
officials of all levels of Courts;
(3) two qualified members who are not or were not judicial
officials and who are elected by the Senate.
The qualifications, prohibitions and procedure for the election of
the qualified members shall be in accordance with the provisions of the law.
Section 275. The Courts of Justice shall have an independent
secretariat, with the Secretary-General of the Office of the Courts of
Justice as the superior responsible directly to the President of the Supreme Court of Justice.
The appointment of the Secretary-General of the Office of the
Courts of Justice must be approved by the Judicial Commission of the Courts of
Justice.
The Office of the Courts of Justice shall have autonomy
in personnel administration, budget and other activities as provided by law.
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