History of its Development

History of its Development

Historically, in the Sukhothai period, (A.D. 1238 – 1350) the King was the “Fountain of Justice” where the King personally decided all disputes. Sometimes his authority was delegated to councilors under his closed scrutiny, thus, this royal supreme authority was never fully discharged to others. Early in the Rattanakosin Era, the executive and judicial power was not yet separated, the adjudication of cases was the responsibility of different government entities. Generally speaking, courts were scattered among several departments whose officials could act as the judges deciding cases. In 1782, the laws derived from the Ayutthaya period were revised and completed in 1805 resulting in the written form of law called “The Law of Three Seals.” It had been the authority of the land until the reign of King Rama V, where a reform of legal and court system was introduced together with an open door policy of trading with foreign nations.

In 1882, King Rama V founded the first building of the Court of Justice. Later, in 1892, the Ministry of Justice was established and brought about the centralization of all Courts of Justice. Meanwhile, the first law code was promulgated in 1908 on criminal law. The founder of modern Thai law was Prince Rabi of Ratchaburi who played a leading role in introducing a modern system of judicial administration. The drafting of the Civil and Commercial Code was stared in the reign of King Rama V and was during the reign of King Rama VII. The Revolution of 1932 had an important effect on the Thai legal and judiciary system since it changed the form of government from an absolute monarchy to a constitutional monarchy. The Constitution vested the judiciary power with the Courts. Judges perform their duties in the name of the King and are assured of independence in adjudicating case according to the law.

Overview of Thailand Court of Justice

Overview of Thailand Court of Justice

The Kingdom of Thailand adopts a democratic regime of government with the King as Head of the State and the Constitution is the supreme law of the state.

The Constitution vests that the trial and adjudication of cases are the powers of the Courts. Judges perform their duties in the name of the King and are assured of independence in adjudicating cases according to the law.

Before August 20, 2000, the Ministry of Justice was responsible for the administrative works of all courts. At present, according to the Act on Judicial Administration of the Court of Justice, the Office of the Judiciary is an independent official organization having a status of a juristic person and has powers and duties regarding the administrative works of the Court of Justice, the judicial affairs and the judicial technical affairs in order to support and facilitate the Courts of Justice as well as to ensure that trial and adjudication are carried out expediently, speedily and efficiently. This change will guarantee independence of the Thai Judiciary from political interference.

The Court of Justice shall have general jurisdiction over civil and criminal matters. In addition, there are other bodies exercising judicial powers in specific jurisdiction, namely the Constitutional Court, the Administrative Court, and the Military Court. The Constitutional Court reviews the legality of any bill or law as well as verifies the qualification of the MPs, Senate, and Ministers of the Cabinet. The Administrative Court hears cases about state contracts and disputes involving state agencies or state officials – whether it be the issuing of rules, orders, actions or the dereliction of their duties. The jurisdiction of the Military Court includes cases concerning disciplinary issues of the military officers and disputes between military officers under the related military laws. In the case of a dispute on the competent jurisdictions between the Court of Justice, the Administrative Court, or the Military Court, a ruling shall be made by a committee consisting of the President of the Supreme Court as Chairperson, the President of the Supreme Administrative Court, the Chief of Military Judicial Office and not more than four qualified persons as provided by law as members. The rules and procedures for ruling on a dispute on the competent jurisdictions.

Thailand

Thailand

The legal system of Thailand is fundamentally a civil law system. A significant proportion of fundamental legal principles are derived from the codified systems of continental Europe. However, certain significant judgments of the Supreme Court become precedents for the lower courts to follow their legal interpretation and reasoning.

The Court of Justice of Thailand is basically classified into three levels consisting of the Supreme Court, Courts of Appeal and Courts of First Instance. The Court of Justice has sought to improve case handling efficiency through four measures, specifically an increase in the number of courts in order to provide more accesses to justice; the establishment of new divisions and court branches; the establishment of specialized courts adjudicating cases by expert judges under specific procedure laws; and a commitment to promote the Alternative Dispute Resolution (ADR) as a diversionary measure. In terms of human rights protection, the Court of Justice prioritizes principles of human rights in all proceedings. Thais and foreigners are equal before the Court. The recognized international standards of human rights and criminal justice are effectively applied to the Thai law context. Furthermore, the innovation of information technology is also applied in various aspects of court management, such as e-Filing system, payment of court fees via the Electronic Data Capture (EDC), and etc.