Page 19 - Introduction to Investment Laws in Thailand
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Director-General or a position equivalent to a head of government agency,
or a position not lower than Deputy Attorney-General, for not less than five
years.
The Constitutional court’s main power and duties include a review of
constitutionality of bills of law and laws already in force; resolution of
conflicts of the powers and duties of two and more organs concerning the
National Assembly, Council of Ministers, or non-judicial constitutional
organs; membership or qualifications of members of the National
Assembly, Minister and Election Commissions; the necessity of the
parliamentary approval of a treaty.
The decision of the Constitutional Court binds upon the cabinet, the
courts, the parliament, and other organizations.
Conflict of competence of the courts
Despite the specification of the powers and the duties of each court by-
laws, the problems of power that becomes overlapping may occur in
practice. In case of a dispute on the competence of jurisdiction among the
Courts of Justice, the Administrative Court, the Military Court, or any
other court, the situation will be decided by a combined court committee.
The committee consists of the President of the Supreme Court of
Justice as Chairperson, the President of the Supreme Administrative Court,
the Chief of the office of the Military Court, the President of other Courts
and not more than four qualified persons as provided by law as members.
The rules for the submission of a dispute under paragraph one shall be as
provided by law.
1.1.1.4 Independent organs
Chapter 12 of the 2017 Constitution lays down provisions
concerning Independent Organs. They are established for the independent
performance of duties. The Constitution provides for the following
Independent Organs: the Election Commission, the Ombudsmen, the
National Anti-Corruption Commission and the State Audit Commission.
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