Enactment of the Act under the Constitution of the Kingdom of Thailand

Abstract

This research paper entitled “Enactment of Laws under the Constitution of the Kingdom of Thailand” aims to study the development of the process of enacting laws under the Constitution of the Kingdom of Thailand, to study and analyze legal problems that delay the legislative process of the Thai Parliament, to study and analyze the standards of the legislative process of the Thai Parliament and to propose a guideline to improve the enactment process that is more appropriate and efficient. This is a qualitative research by means of researching legal documents related to the legislative process of both the Thai and foreign parliaments. The results obtained the documentary research which is analyzed according to the objectives. The results of this research revealed that every constitution of
the Kingdom of Thailand in the past stipulated that a bill could be enacted into law only with the advice and consent of the National Assembly. By specifying who has the right to propose a bill and requiring that the bill shall be considered in the House of Representatives first. When the House of Representatives has approved then submitted to the Senate for further consideration. Currently, the Constitution and Rules for the meeting of the House of Representatives have set more rules for proposing, considering and voting for the bill. This made the process of enacting laws according to the provisions of the Constitution of the Kingdom of Thailand to be delayed and not effective as expected. Although Thailand's enactment process shall be same standard procedure with democratic country. However, the efficiency of the procedure execution is inefficient. This caused the consideration of the bill to be delayed and inefficient as it is required to amend the Constitution and Rules for the meeting of the House of Representatives to  improve of the criteria for proposing and considering the bill to be more appropriate. This caused the consideration of the bill to be delayed and inefficient it is required to improve of the criteria for proposing and considering the bill to be more appropriate by amend the Constitution by amending the procedure for proposing the bill of the members of the House of Representatives and the electorate having the right to vote, and amend the Rules for the meeting of the House of Representatives to allow the Joint Coordinating Committee of the House of Representatives to organize the agenda and set a time frame for each consideration, the considering the bill in the First Reading there was no discussion and in the Second Reading there will be a committee responsible for drafting the bill.