THE SYSTEM OF THE CONSTITUTIONALITY REVIEW OF LAWS BY THAI CONSTITUTIONAL COURT

Abstract

According to Section 5 Paragraph 1 of the Constitution of the Kingdom of Thailand B. E. 2560, it provided that “The Constitution is the supreme law of the State. The provisions of any law, rule or regulation or any acts, which are contrary to or inconsistent with the Constitution, shall be unenforceable.“ This article aimed to examine the Constitutional Court of the Kingdom of Thailand first established by the Constitution in B.E. 2540 as an  institution to uphold the supremacy of the Constitution and adjudicate the law from the Legislative for the congruence and consistency with the Constitution. It was found that the adjudication mechanism for the congruence and consistency with the Constitution of the Kingdom of Thailand B.E. 2560 covered process from reviewing and monitoring the draft of law or bill to maintain the agreement with the constitution provision, the examination for the contrary or inconsistency with the Constitution begins before the law enforcement in order to prevent the inconsistent law with the Constitution. If there is any law contrary or inconsistent with the Constitution, it is unenforceable. However, the Constitutional Court has power to monitor the law in the congruence with the Constitution in order to assure the making or draft of any laws valid and consistent with the core principles of the Constitution, and to decrease any laws conflicting the Constitution as the supreme law of the State, and the law provision in Section 5 of the Constitution of the Kingdom of Thailand B.E. 2560 for the prevention of conflicting law to the core principles of the Constitution.