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Volume 131, Issue 55A
Page 3
Royal Gazette

22 July 2557

The provisions of Chapter 2: The Monarch, of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era, which remain in force still by virtue of the Announcement of the National Council for Peace and Order No. 11/2557 dated the 22nd day of May 2557 Buddhist Era, shall continue to be in force as part of this Constitution. And, subject to section 43, paragraph 1, whenever the said provisions refer to the National Assembly or President of the National Assembly, they shall mean the National Legislative Assembly or President of the National Legislative Assembly under this Constitution, as the case may be.

Section3.The sovereign power belongs to all Thais. The Monarch, who is the Head [of State], exercises such power through the National Legislative Assembly, the Council of Ministers, and the courts in accordance with the provisions of this Constitution.

Section4.Subject to the provisions of this Constitution, all the human dignity, rights, freedoms, and equality which have been protected for the Thais in accordance with the custom of the democratic administration of Thailand with Monarch as Head [of State] and in accordance with the already existing international obligations of Thailand, do remain protected under this Constitution.

Section5.When no provision of this Constitution is applicable to any case, the act in question shall be done or the case in question shall be ruled in line with the custom of the democratic administration of Thailand with Monarch as Head [of State], but the said administrative custom must not be contrary to or inconsistent with this Constitution.

In the case that a problem relating to the ruling of any case according to the stipulations of paragraph 1 occurs in the purview of the National Legislative Assembly, it shall be the National Legislative Assembly that gives a decisive ruling; or when [such] a case takes place outside the purview of the National Legislative Assembly, [then] the National Council for Peace and Order, the Council of Ministers, the Supreme Court of Justice, or the Supreme Administrative Court may apply to the Constitutional Court for a decisive ruling. However, as regards the Supreme Court of Justice and the Supreme Administrative Court, [such an application] shall be made only upon a resolution of the General Assembly of the Supreme Court of Justice or General Assembly of Justices of the Supreme Administrative Court, and only in relation to the trial and adjudication of a case.

Section6.There shall be a National Legislative Assembly composed of Members numbering not more than two hundred and twenty, who are appointed by the Monarch from amongst the persons of the Thai nationality by birth and of the age not lower than forty years, according to the advice presented by the National Council for Peace and Order.

The National Legislative Assembly shall serve as the House of Representatives, Senate, and National Assembly.

Section7.In advising the Monarch to appoint Members of the National Legislative Assembly, regard shall be had to the knowledge, ability, and diversity of persons from all the groups in the public sector, private sector, social sector, academic sector, professional sector, and other sectors which would be of benefit to the performance of duties by the National Legislative Assembly.

Section8.No Member of the National Legislative Assembly shall have the following disqualifications:

(1)holding or having held during the period of three years prior to the day of his appointment as Member of the National Legislative Assembly any position in a political party;

(2)being a Buddhist monk, Buddhist novice, ascetic, or priest;

(3)being a bankrupt or having once been a dishonest bankrupt;