Constitutional Court of Thailand

Wan Muhamad Noor Matha (PCC) Pichet Chuamuangphan (PTP) Paradorn Prissanananthakul (BTP) Natthaphong Ruengpanyawut (PP)

Mongkol Surasajja Kriangkrai SrirakBunsong Noisophon President: Chanakarn Theeravechpolkul President: Prasitsak Meelarp President: Nakarin Mektrairat Diplomatic missions of / in Thailand Passport Visa requirements Visa policy Borders : Cambodia Laos Malaysia Myanmar (Maritime : India Indonesia Vietnam) Foreign aid The Constitutional Court (Thai: ศาลรัฐธรรมนูญ, RTGS: San Ratthathammanun, pronounced [sǎːn rát.tʰā.tʰām.mā.nūːn]), officially the Constitutional Court of the Kingdom of Thailand, is a Thai court created by the 1997 constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties.

These include the 1999 decision that Newin Chidchop, the Deputy Minister of Agriculture, could retain his seat in cabinet after being sentenced to imprisonment for defamation; the 2001 acquittal of Thaksin Shinawatra for filing an incomplete statement regarding his assets with the National Anti-Corruption Commission; the 2003 invalidation of Jaruvan Maintaka's appointment as auditor-general; the 2007 dissolution of the Thai Rak Thai political party; the 2014 removal of prime minister Yingluck Shinawatra from office; the dissolution of the Thai Raksa Chart Party before the March 2019 election;[4] the dissolution of the Future Forward Party in 2020 and its successor Move Forward Party in 2024;[5][6] and the removal of Prime Minister Srettha Thavisin in 2024.

The constitution allowed individual justices to be the subject of impeachment proceedings with the vote of one-fourth of the members of the House or with the approval of 50,000 petitioners.

[10] On 24 November 1997, the Senate voted to remove the name of Supreme Court Vice-president Amphorn Thongprayoon, on the grounds that his credentials were dubious and on allegations that he had defaulted on three million Baht in debt.

On 8 January 1998, in a six to three vote, the Tribunal ruled the Senate did not have the authority to do background checks or reject the Supreme Court's nominees.

After the Tribunal's ruling, the Supreme Court elected justice Jumpol na Songkhla on 9 January 1998 to replace Amphorn.

Stung by the Senate rejection of Amphorn Thongprayoon, the two Bangkok Civil Court judges, Sriampron Salikhup and Pajjapol Sanehasangkhom, petitioned the Constitutional Tribunal to disqualify Ukrit on a legal technicality.

They argued that Ukrit only had an honorary professorship at Chulalongkorn University, while the 1997 constitution specifically specifies that a nominee, if not meeting other criteria, must be at least a professor.

Echoing the Senate's rejection of Amphorn, the judges also alleged that Ukrit was involved in a multi-million baht lawsuit over a golf course.

In its first decision, the court ruled on the constitutionality of four emergency executive decrees issued by the Chuan government to deal with the Asian financial crisis.

[10] The government had issued the decrees in early-May 1998 to expand the role of the Financial Restructuring Authority and the Assets Management Corporation, to settle the debts of the Financial Institutions Development Fund through the issue of 500 billion baht in bonds, and to authorize the ministry of finance to seek 200 billion baht in overseas loans.

The government, fearing further economic damage if the decree were delayed, opposed the court's acceptance of the complaint, as the opposition clearly had failed to cite the proper constitutional clause.

On the other hand, a precedent was established by the court that it would accept all petitions under Article 219 to preserve Parliament's right to question the constitutionality of emergency executive decrees.

According to the constitution, State Audit Commission chairman Panya Tantiyavarong should have submitted Prathan's nomination to the Senate, as he received the majority of votes.

However, on 3 July 2001, the SAC chairman submitted a list of all three candidates for the post of auditor-general to the Senate, which later voted to select Khunying Jaruvan Maintaka.

The court noted that the constitution empowers the SAC to nominate only one person with the highest number of votes from a simple majority, not three as had been the case.

"[34] The State Audit Commission later nominated Wisut Montriwat, former deputy permanent secretary of the ministry of finance, for the post of auditor-general.

Its unanimous decision came after it received a memo from the office of King Bhumibol Adulyadej's principal private secretary, directing that the situation be resolved.

In September 2019, the court rejected a petition lodged by the Ombudsman of Thailand regarding the incomplete oath recited by Prime Minister Prayut Chan-o-cha and his cabinet in July 2019.

[38] The prime minister failed to recite the final sentence of the oath which pledges to uphold and abide by the Constitution.

[46] Sunai Phasuk of Human Rights Watch described the ruling as "essentially a judicial coup" that could escalate more legal cases against protesters, possibility treason.

Its homepage was renamed to the Kangaroo Court and a YouTube video of a song, Guillotine (It goes Yah) by Death Grips.

[48] "Marriage is when a man and a woman are willing to live together, to build a husband and wife relationship to reproduce their offspring, under the morals, traditions, religion and the laws of each society.

The full text of the ruling says that members of the LGBTQ community cannot reproduce, as it is against nature, and that they are no different from other animals with unusual behaviours or physical characteristics.

On 30 September 2022, the court ruled 6–3 that this term limit was counted from when the constitution was promulgated, which allowed Prayut Chan-o-cha to remain prime minister despite having held the position since coming to power in the 2014 coup.

The composition of the Constitutional Court of Thailand under the 2007 Constitution.