Constitutional Court of Thailand

The Constitutional Court of the Kingdom of Thailand
ศาลรัฐธรรมนูญ
The Constitutional Court of the Kingdom of Thailand; ศาลรัฐธรรมนูญ
Established	11 October 1997
Location	Chaeng Watthana Government Complex, Group A, No. 120, Village 3, Chaeng Watthana Road, Thung Song Hong Subdistrict, Lak Si, Bangkok
Authorized by	Constitution of the Kingdom of Thailand, Buddhist Era 2560 (2017)
Number of positions	One president, eight judges
Annual budget	223.7 million baht (FY2019)
Website	constitutionalcourt.or.th/en/occ_en/index.php
President of the Court
Currently	Professor Nakarin Mektrairat
Since	19 March 2024

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The Constitutional Court of the Kingdom of Thailand (Thai: ศาลรัฐธรรมนูญ, RTGS: San Ratthathammanun, pronounced [sǎːn rát.tʰā.tʰām.mā.nūːn]) is an independent 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. The current court is part of the judicial branch of the Thai national government.

The court, along with the 1997 constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the 2006 Thai coup d'état. While the Constitutional Court had 15 members, seven from the judiciary and eight selected by a special panel, the Constitution Tribunal had nine members, all from the judiciary.^[2] A similar institution, consisting of nine members, was again established by the 2007 Constitution.

The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court^{[citation needed]}.

The decisions of the court are final and not subject to appeal. Its decisions bind every state organ, including the National Assembly, the Council of Ministers, and other courts.^[3]

The various versions of the court have made several significant decisions. These include the 1999 decision that deputy minister of agriculture Newin Chidchop could retain his cabinet seat 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] and the dissolution of the Future Forward Party in 2020.^[5]

The FY2019 budget of the Constitutional Court is 223.7 million Baht.^[6] As of September 2019^[update], its president is Nurak Marpraneet.^[7]

^ Nakharin Mektrairat: New Constitutional Court president at center of Thailand’s political conflict
^ The Nation, Nine Constitution Tribunal members Archived 26 September 2007 at the Wayback Machine, 7 October 2006
^ ข้อกำหนดศาลรัฐธรรมนูญว่าด้วยวิธีพิจารณาและการทำคำวินิจฉัย พ.ศ. 2550 - ข้อ 55 วรรค 1 [Constitutional Court Regulations on Procedure and Decision Making, BE 2550 (2007) - regulation 55, paragraph 1] (PDF). Government Gazette (in Thai). 124 Part 96 A. Bangkok: Cabinet Secretariat: 28. 21 December 2007. Archived from the original (PDF) on 15 February 2010. Retrieved 13 May 2014.
^ Mérieau, Eugénie (3 May 2019). "The Thai Constitutional Court, a Major Threat to Thai Democracy". International Association of Constitutional Law (IACL). Retrieved 21 September 2019.
^ "FFP dissolved, executives banned for 10 years". Bangkok Post. 21 February 2020. Retrieved 27 February 2020.
^ Thailand's Budget in Brief Fiscal Year 2019 (Revised ed.). Bureau of the Budget. 2018. p. 94. Retrieved 7 September 2019.
^ "President and Judges of the Constitutional Court". The Constitutional Court of the Kingdom of Thailand. Archived from the original on 12 December 2019. Retrieved 7 September 2019.

[1] Nakharin Mektrairat: New Constitutional Court president at center of Thailand’s political conflict

[2] The Nation, Nine Constitution Tribunal members Archived 26 September 2007 at the Wayback Machine, 7 October 2006

[3] ข้อกำหนดศาลรัฐธรรมนูญว่าด้วยวิธีพิจารณาและการทำคำวินิจฉัย พ.ศ. 2550 - ข้อ 55 วรรค 1 [Constitutional Court Regulations on Procedure and Decision Making, BE 2550 (2007) - regulation 55, paragraph 1] (PDF). Government Gazette (in Thai). 124 Part 96 A. Bangkok: Cabinet Secretariat: 28. 21 December 2007. Archived from the original (PDF) on 15 February 2010. Retrieved 13 May 2014.

[4] Mérieau, Eugénie (3 May 2019). "The Thai Constitutional Court, a Major Threat to Thai Democracy". International Association of Constitutional Law (IACL). Retrieved 21 September 2019.

[BP-20200221-5] "FFP dissolved, executives banned for 10 years". Bangkok Post. 21 February 2020. Retrieved 27 February 2020.

[6] Thailand's Budget in Brief Fiscal Year 2019 (Revised ed.). Bureau of the Budget. 2018. p. 94. Retrieved 7 September 2019.

[7] "President and Judges of the Constitutional Court". The Constitutional Court of the Kingdom of Thailand. Archived from the original on 12 December 2019. Retrieved 7 September 2019.

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