Page 18 - Introduction to Investment Laws in Thailand

Military Courts and the appointment and removal of judges of the Military
Courts, are implemented with the application of the Military Court
Organization Act 1955 (BE 2498). The Military courts have three levels of
court: Military court of First Instance, Military Central Court, and Supreme
Military court.

Administrative Courts
Administrative Courts were established in Thailand with the judicial
reform entailed by the 1997 Constitution. By Section 197 of the
Constitution, the Administrative Courts have the power to try and
adjudicate administrative cases arising from the exercise of executive
power under the law or from carrying out the administrative act as provided
by law. The Administrative Courts have the jurisdiction to decide cases on
disputes between an administrative agency or state official and a private
individual, or just between an administrative agency and a state official.
The courts also deal with disputes on the tort from the official’s negligence.

The Administrative Courts consist of two court levels: the
Administrative Courts of First Instance and the Supreme Administrative
Court. In principle, the administrative case first starts at the Administrative
Courts of First Instance. In case a party does not agree with the decision
from the Administrative Courts of First Instance, the party can appeal to
the Supreme Administrative Court.

Constitutional court
The Constitutional court was also established by the 1997
Constitution, replacing the Constitution Tribunal established under the
1991 Constitution.

Under the 2017 Constitution, the Constitutional Court consists of nine
judges; three judges from the Supreme Court of justice, two judges of the
Supreme Administrative Court, one qualified person in law (Professor of a
university in Thailand for not less than five years), one qualified person in
political science or public administration (Professor of a university in
Thailand for not less than five years) and two qualified persons obtained by
selection from a person holding or having held a position not lower than

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