Understanding the Thailand Legal System: A Comprehensive Overview

The Thailand legal system, with its intricate architecture and deep historical origins, is the foundation of our nation’s government. It is our pleasure at Thai Arbitration Center (THAC) to provide you with information on the nuances of the legal system of Thailand, including its hierarchy, judicial system, legislative procedure, and fundamental laws that every person should be aware of.

The Hierarchy of Law in Thailand

Thailand’s legal system is hierarchically arranged, maintaining a methodical and well-ordered approach to justice and law enforcement. The

Thai Constitution, which is the highest law of the nation, is at the top of the hierarchy of law in Thailand. It provides a basic structure and set of rules for governance, ensuring that every person has access to fundamental freedoms.

The Acts and Statutes enacted by the Parliament are found below the Constitution. These laws provide comprehensive guidelines for many facets of life and business in Thailand, ranging from criminal justice to commercial operations.

Ministerial Regulations and Royal Decrees have considerable influence after Acts and Statutes. Ministerial Regulations are created by the relevant ministries to carry out and enforce certain Acts, while Royal Decrees are issued by the King and often used to deal with urgent situations.

Finally, Local Ordinances address regional requirements and conditions by governing topics that are more specific to provinces and municipalities.

Overview of Thailand’s Court System

The multi-tiered judicial system in Thailand is intended to handle a range of case types and levels of complexity. Comprehending this structure is essential for managing legal conflicts and guaranteeing fairness. In Thailand’s court system, there are 4 major courts, as follows:

1. The Constitutional Court

This court has the jurisdiction to make decisions about the validity of laws and other official actions. It is essential to upholding the separation of powers and defending constitutional liberties.

2. The Supreme Court

Also known as the Dika Court, this is the highest court of appeals, and it considers rulings from subordinate courts. It guarantees uniformity in the country’s legal interpretations and implementation.

3. The Administrative Courts

These courts resolve conflicts pertaining to administrative law between people and government organizations. They protect people’s rights against possible abuses of authority in government.

4. The Courts of Justice

The main court system, known as the Courts of Justice, is composed of the following:

• Civil Courts: Manage civil cases, including property, contract, and family law.
• Criminal Courts: Handle criminal proceedings and uphold the rule of law in situations involving public safety.
• Juvenile and Family Courts: Handle matters pertaining to children and family conflicts, giving delicate situations particular care.
• The Military Courts: Enforcing discipline and order within the armed forces, these courts have authority over military personnel and issues pertaining to national security.

How Laws Are Made in Thailand

The goal of Thailand’s extensive and multi-step legislative process is to guarantee that proposed legislation is carefully examined and discussed. This is a condensed summary of the legislative process in Thailand:

1. Drafting and Proposal

The Senate, the House of Representatives, or the Cabinet usually make the proposals for new laws. Legal professionals prepare draft legislation, which committees with relevant jurisdictions evaluate.

2. First Reading

The measure is presented for a preliminary discussion in the House of Representatives. If accepted, it advances to the committee level for in-depth review.

3. Committee Stage

Expert committees thoroughly examine the measure and make any required revisions. This phase safeguards that the measure is carefully examined before moving forward.

4. Second and Third Readings

The amended measure is brought to the House of Representatives for further discussion and vote. It goes to the Senate for further consideration if it passes.

5. Senate Review 

After considering the measure, the Senate may make further changes. The law is delivered to the King for royal assent if both chambers concur on the final text.

6. Royal Assent and Promulgation

The measure is made legally enforceable once the King signs it into law and publishes it in the Royal Gazette.

Essential Laws to Know in Thailand

Understanding the most important legislation is crucial for anybody residing in or doing business in Thailand. The following are some crucial laws to be aware of:

• Civil and Commercial Code: Controls private law issues, including inheritance, family law, contracts, and property.
• The Penal Code: It outlines the definition of crimes and the punishments for a number of infractions, such as fraud, theft, and violence.
• The Labour Protection Act: This governs all aspects of employment, including compensation, benefits, and working conditions.
• The Foreign Business Act: This act delineates the regulations governing foreign ownership and company operations in Thailand.
• Immigration Act: Controls foreigners’ admission, departure, and stay in Thailand. It also specifies requirements for work permits and visas.
• Consumer Protection Act: Protects consumers’ rights by addressing matters such as fair trade practices, advertising, and product safety.

Understanding the Legal System of Thailand

Anyone working on legal issues or doing business must be aware of Thailand’s legal system. Comprehensive governance is ensured by the hierarchical framework, which extends from the Constitution to municipal regulations. Justice and legal integrity are maintained by the multi-tiered judicial system, which includes specialized courts.

We are committed to provide quick and easy dispute resolution services at the Thai Arbitration Center (THAC). In order to facilitate just and unbiased outcomes outside of the conventional court system, THAC provides arbitration, mediation, and other alternative conflict resolution techniques . Our dedication to providing exceptional arbitration services ensures that parties may settle their conflicts quickly and affordably, which adds to the stability and dependability of the Thai legal system as a whole.

Take the first step towards resolving your dispute efficiently and effectively.

Contact THAC: thac.or.th/contacts/

About THAC

As an international arbitration institution, THAC specializes in providing effective and impartial dispute resolution services. Our team of seasoned arbitrators and mediators brings a wealth of experience to the table, ensuring that your business disputes are handled with the utmost expertise and professionalism.

If you have questions about our arbitration services or any other legal services, please get in touch with us at:

Email: [email protected]

Call: +66 (0)2018 1615

THAC is looking forward to helping you.