Volume 131, Issue 55A
Royal Gazette
22 July 2557
Section45.Subject to section 5 and section 44, the Constitutional Court shall have the power to consider and rule upon the questions as to whether any laws are contrary to or inconsistent with this Constitution and [the questions] which the organic law on Ombudsmen and the organic law on political parties designate to be [under] the power of the Constitutional Court. However, as regards the Ombudsmen, they shall have the power to make referrals to the Constitutional Court only in the case that they find any provisions of law attacked by questions of constitutionality according to this Constitution.
The conduct of consideration and the formation of rulings by the Constitutional Court shall be in accordance with the law thereon. Whilst there is no such a law yet, they shall, only to the extent not contrary to or inconsistent with paragraph 1 or this Constitution, be in accordance with the ordinances of the Constitutional Court on the conduct of consideration and the formation of rulings, which are in force on the day before the day of coming into force of this Constitution.
Section46.In the case that it is found necessary and appropriate, the Council of Ministers and the National Council for Peace and Order may jointly resolve to amend this Constitution by preparing a draft constitution amendment and introducing it to the National Legislative Assembly for approval.
The National Legislative Assembly shall consider and approve or disapprove the draft constitution amendment according to paragraph 1 within fifteen days counted from the day of its receipt of the draft constitution amendment.
In considering [the draft] for the giving of approval, the National Legislative Assembly cannot amend the draft constitution amendment, save where the Council of Ministers and the National Council for Peace and Order approve it.
The resolution of approval must obtain a vote of not less than one half of the total number of the existing Members of the National Legislative Assembly.
Once the National Legislative Assembly has approved the draft constitution amendment, the Prime Minister shall bring and present the draft constitution amendment to [the Monarch] within fifteen days counted from the day the National Legislative Assembly adopted the resolution, so that the Monarch would sign it. And once it has been published in the Royal Gazette, it shall become applicable, provided that it be countersigned by the Prime Minister and that the stipulations of section 37, paragraph 4, apply mutatis mutandis.
Section47.As for all the announcements and orders of the National Council for Peace and Order and the orders of the Head of the National Council for Peace and Order, which were made or given, whether for producing constitutional, legislative, executive, or judicial effect, during [the period from] the 22nd day of May 2557 Buddhist Era to the day of assumption of duties by the Council of Ministers under this Constitution, as well as the acts of observing those announcements or orders, whether done before or after the day of coming into force of this Constitution, those announcements, orders, or acts shall be lawful and constitutional, and be final. In addition, the said announcements or orders which are still in force on the day before the day of coming into force of this Constitution shall continue to be in force until they are amended or repealed by laws, kot, khobangkhap,[1] resolutions of the Council of Ministers, or orders, as the case may be.
- ↑ Both kot (Thai: กฎ) and khobangkhap (Thai: ข้อบังคับ) have the same meaning and are often translated as "regulations". Their difference is that kot generally refers to regulations made by the Executive, such as kot krasuang (Thai: กฎกระทรวง), or "ministerial regulations", and kot kopho (Thai: กฎ ก.พ.), or "CSC [Civil Service Commission] regulations", whilst khobangkhap commonly refers to those made by the other branches or independent organisations, such as khobangkhap prathan san dika (Thai: ข้อบังคับประธานศาลฎีกา), or "regulations of the President of the Supreme Court of Justice", and khobangkhap ratchabandittayasapha (Thai: ข้อบังคับราชบัณฑิตยสภา), or "Royal Society regulations".
