NCJ Number
135668
Date Published
1989
Length
7 pages
Annotation
Judicial independence in Thailand means that judges perform their functions independently as stipulated by Section 173 of the Constitution.
Abstract
The Thai judicial system has three levels of courts: courts of first instance, court of appeals, and the supreme court. Courts of first instance include magistrate courts, provincial courts, criminal and civil courts, juvenile courts, the labor court, and the tax court. The court of appeals has appellate jurisdiction in all criminal, bankruptcy, and civil matters tried in courts of first instance. The supreme court is the court of ultimate appeal for all cases whether civil, bankruptcy, or criminal. Judges in all courts deal with both points of fact and points of law. As government officials, judges' selection and tenure are provided for in the Judicial Service Act. Judicial appointments, promotions, transfers, and removal are made by the King upon the recommendation of the Judicial Service Commission. This commission is responsible for the independence of the judiciary and for the administrative control of all judges. Lawyers and jurists are divided over the issue of whether the Thai judiciary should be separated out to form a totally independent institution. Currently, the judiciary is under the authority of both the Permanent Secretary of State for Justice and the Minister of Justice. The Minister of Justice nominates candidates to the Judicial Service Commission and has a role in disciplinary action. An organizational chart of judicial administration in Thailand is included. 1 figure