Translation:Amendment to the Constitution of the Kingdom of Thailand (No. 1), 2548 Buddhist Era

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Amendment to the Constitution of the Kingdom of Thailand (No. 1), 2548 Buddhist Era (2005)
National Assembly of Thailand, translated from Thai by Wikisource
National Assembly of Thailand4127472Amendment to the Constitution of the Kingdom of Thailand (No. 1), 2548 Buddhist Era2005Wikisource
Seal of the Royal Command
Seal of the Royal Command

Amendment to
the Constitution of the Kingdom of Thailand (No. 1),
2548 Buddhist Era


Bhumibol Adulyadej R
Given on the 11th day of July 2548 BE
Being the 60th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand;

Therefore, He orders with His gracious pleasure that the following Amendment to the Constitution of the Kingdom of Thailand be enacted:

Section1.This Constitution is called the "Amendment to the Constitution of the Kingdom of Thailand (No. 1), 2548 Buddhist Era".

Section2.This Constitution shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of paragraph 3 and paragraph 4 of section 297 of the Constitution of the Kingdom of Thailand shall be repealed and replaced by the following stipulations:

"The provisions of section 257 and section 258 shall apply mutatis mutandis to the recruitment and selection of Members of the National Anti-Corruption Commission. In this respect, there shall be a fifteen-person commission for recruitment of Members of the National Anti-Corruption Commission, composed of as members the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, the President of the Election Commission, the President of the State Audit Commission, the President of the National Human Rights Commission, one selected by and from amongst the Ombudsmen of the National Assembly, one selected by and from amongst the Members of the House of Representatives whose political parties have members holding ministerial positions, one selected by and from amongst the Members of the House of Representatives whose political parties have no member holding a ministerial position, and six selected by and from amongst the presidents of all the public higher education institutions which are juristic persons.

In the case that there arises a reason for which the recruitment of a Member of the National Anti-Corruption Commission is required but the existing members of the commission for recruitment of Members of the National Anti-Corruption Commission do not complete the composition under paragraph 3 or they do but [some] cannot perform the duties, the commission for recruitment of Members of the National Anti-Corruption Commission shall only be composed of the available members.

The President of the Senate shall countersign the appointment of the President and Members of the National Anti-Corruption Commission."

Section4.In the case that there arose a reason for which the recruitment of a Member of the National Anti-Corruption Commission was required before the day of coming into force of this Constitution but the Senate has not yet adopted a resolution for the selection of Member of the National Anti-Corruption Commission, the said recruitment and selection shall be cancelled, and the commission for recruitment of Members of the National Anti-Corruption Commission according to section 297 of the Constitution of the Kingdom of Thailand as amended by the Constitution shall execute the recruitment [instead], which shall be finished within thirty days counted from the day of coming into force of this Constitution.

Countersignatory:
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister

Note: The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand are as follows: Whereas, [in regard to] the composition of the commission for recruitment of Members of the National Anti-Corruption Commission according to section 297 of the Constitution of the Kingdom of Thailand, the recruitment commission is required to also contain five members selected by and from amongst the representatives of every political party with members in the House of Representatives, one per each party, but the political parties with members in the House of Representatives are now four in number, causing it impossible to proceed to complete the composition of the National Anti-Corruption Commission in accordance with the provisions of the Constitution, it is appropriate to modify the composition of the said recruitment commission in order that it be able to continue carrying out its powers and duties. It is therefore necessary to enact this Constitution.

Bibliography

[edit]
  • "Ratthathammanun Haeng Ratcha-anachak Thai Kaekhaiphoemtoem (Chabap Thi Nueng) Phutthasakkarat Song Phan Ha Roi Sisip Paet" [Amendment to the Constitution of the Kingdom of Thailand (No. 1), 2548 Buddhist Era]. (2005, 11 July). Ratchakitchanubeksa [Royal Gazette], 122(55A), 1–3. (In Thai).

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse