# |
Matters |
Sections of the Constitution allowing their institution |
Eligible petitioners |
Type |
1 |
A petition for a decision as to whether a resolution or regulation of a political party to which the petitioner belongs
- is contrary to his status and functions as Representative, or
- is contrary to the fundamental principles of the democratic regime of government with the King as Head of State
|
Section 65, paragraph 3 |
A member of the political party in question |
Political party |
2 |
A petition for a decision as to whether any person or political party exercises the constitutional rights and freedoms
- to undermine the democratic regime of government with the King as Head of State, or
- to acquire the national government power by the means not recognised by the Constitution
|
Section 68 |
Any person |
Constitutional defence |
3 |
A petition for a decision as to whether any Representative or Senator loses his membership by operation of the Constitution |
Section 91 |
At least one tenth of the existing Representatives or Senators |
Membership |
4 |
A petition for a decision as to whether a political party resolution terminating any Representative's membership in the party
- is contrary to his status and functions as Representative, or
- is contrary to the fundamental principles of the democratic regime of government with the King as Head of State
|
Section 106 (7) |
The Representative in question |
Political party |
5 |
A petition for a decision concerning the constitutionality of a draft organic act having been approved by the National Assembly |
Section 141 |
The National Assembly |
Constitutionality of draft law |
6 |
A petition for a decision as to whether a draft organic act or act introduced by the Council of Ministers or Representatives bears the principle identical or similar to that which needs to be suppressed |
Sections 140 and 149 |
The President of the House of Representatives or Senate |
Constitutionality of draft law |
7 |
A petition for a decision as to
- whether
- a bill having been approved by the National Assembly by virtue of section 150 but having not yet been submitted to the King by the Prime Minister, or
- a bill having been reapproved by the National Assembly but having not yet been resubmitted to the King by the Prime Minister,
- is unconstitutional, or
- whether its enactment was in compliance with the requirements of the Constitution
|
Section 154 |
- At least one tenth of the existing Representatives or Senators
- The Prime Minister
|
Constitutionality of draft law |
8 |
A petition for a decision as to
- whether the draft rules of order of the House of Representatives, the draft rules of order of the Senate, or the draft rules of order of the National Assembly, which have been approved by the House of Representatives, Senate or National Assembly but have not yet been published in the Government Gazette, are unconstitutional, or
- whether their enactment was in compliance with the requirements of the Constitution
|
Section 155 |
- At least one tenth of the existing Representatives or Senators
- The Prime Minister
|
Constitutionality of draft law |
9 |
A petition for a decision as to whether any motion, motion amendment or action introduced during the House of Representatives, Senate or committee proceedings for consideration of a draft bill on annual expenditure budget, additional expenditure budget or expenditure budget transfer, would allow a Representative, Senator or committee member to directly or indirectly be involved in the disbursement of such budget |
Section 168, paragraph 7 |
At least one tenth of the existing Representatives or Senators |
Others |
10 |
A petition for a decision as to whether any Minister individually loses his ministership |
Section 182 |
- At least one tenth of the existing Representatives or Senators
- The Election Commission
|
Membership |
11 |
A petition for a decision as to whether an emergency decree is enacted against section 184, paragraph 1 or 2, of the Constitution |
Section 185 |
At least one fifth of the existing Representatives or Senators |
Constitutionality of law |
12 |
A petition for a decision as to whether any "written agreement" to be concluded by the Executive Branch requires prior parliamentary approval because
- it contains a provision which would bring about a change in the Thai territory or the extraterritorial areas over which Thailand is competent to exercise sovereignty or jurisdiction by virtue of a written agreement or international law,
- its execution requires the enactment of an act,
- it would extensively affect national economic or social security, or
- it would considerably bind national trade, investment or budget
|
Section 190 |
At least one tenth of the existing Representatives or Senators |
Authority |
13 |
A petition for a decision as to whether a legal provision to be applied to any case by a court of justice, administrative court or military court is unconstitutional |
Section 211 |
A party to such case |
Constitutionality of law |
14 |
A petition for a decision as to the constitutionality of a legal provision |
Section 212 |
Any person whose constitutionally recognised right or freedom has been violated |
Constitutionality of law |
15 |
A petition for a decision as to a conflict of authority between the National Assembly, the Council of Ministers, or two or more constitutional organs other than the courts of justice, administrative courts or military courts |
Section 214 |
- The President of the National Assembly
- The Prime Minister
- The organs in question
|
Authority |
16 |
A petition for a decision as to whether any Election Commissioner lacks a qualification, is attacked by a disqualification or has committed a prohibited act |
Section 233 |
At least one tenth of the existing Representatives or Senators |
Membership |
17 |
A petition for
- dissolution of a political party deemed to have attempted to acquire the national government power by the means not recognised by the Constitution, and
- disfranchisement of its leader and executive members
|
Section 237 in conjunction with section 68 |
Any person |
Political party |
18 |
A petition for a decision as to the constitutionality of any legal provision |
Section 245 (1) |
Ombudsmen |
Constitutionality of law |
19 |
A petition for a decision as to the constitutionality of any legal provision on grounds of human rights |
Section 257, paragraph 1 (2) |
The National Human Rights Commission |
Constitutionality of law |
20 |
Other matters permitted by legal provisions |
|
|
Others |