References: Constitution of Thailand 1997, Section 262 states that:

After any bill or organic law bill has been approved by the National Assembly under section 93 or has been reaffirmed by the National Assembly under section 94, before the Prime Minister presents it to the King for signature:

(1) if members of the House of Representatives, senators or members of both Houses of not less than one-tenth of the total number of the existing members of both Houses are of the opinion that provisions of the said bill are contrary to or inconsistent with this Constitution or such bill is enacted contrary to the provisions of this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;

(2) if not less than twenty members of the House of Representatives, senators or members of both Houses are of the opinion that the provisions of the said organic law bill are contrary to or inconsistent with this Constitution or such organic law bill is enacted contrary to this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and, without delay, inform the Prime Minister thereof;

(3) if the Prime Minister is of the opinion that the provisions of the said bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution, the Prime Minister shall refer such opinion to the Constitutional Court for decision and, without delay, inform the President of the House of Representatives and the President of the Senate thereof.

References: www.ratchakitcha.soc.go.th

www.concourt.or.th

Peer Review Comments: Judicial review of laws, at both the administrative and constitutional levels, is incomplete at best.

References: Constitution of Thailand 1997, Section 157 states that:

At a sitting of the House of Representatives or the Senate or at a joint sitting of the National Assembly, words expressed in giving statements of fact or opinions or in casting the vote by any member are absolutely privileged. No charge or action in any manner whatsoever shall be brought against such member.The privilege under paragraph one does not extend to a member who expresses words at a sitting which is broadcast through radio or television if such words appear out of the precinct of the National Assembly and the expression of such words constitutes a criminal offence or a wrongful act against any other person, who is not a Minister or member of that House.

In the case of paragraph two, if the words expressed by the member cause damage to other person who is not a Minister or member of that House, the President of that House shall cause explanations to be published as requested by that person in accordance with procedure and within such period of time as prescribed in the rules of the procedure of that House, without prejudice to the personís right to bring the case before the Court.

*** Section 158. The privilege provided in section 157 extends to printers and publishers of the minutes of sittings in accordance with the rules of procedure of the House of Representatives, the Senate or the National Assembly, as the case may be, and to persons permitted by the presiding member to give statements of fact or opinions at such sitting as well as to persons who broadcasts the sitting through radio or television with the permission of the President of such House mutatis mutandis.

References: Constitution of Thailand 1997, Section 291states that:

Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become sui juris to the National Counter Corruption Commission on each occasion of taking or vacating office:

(1) Prime Minister; (2) Ministers; (3) members of the House of Representatives; (4) senators; (5) other political officials; (6) local administrators and members of a local assembly as provided by law.

The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.

References: Constitution of Thailand 1997, Section 110 states that:

A member of the House of Representatives shall not:

(1) hold any position or have any duty in any State agency or State enterprise, or hold a position of member of a local assembly, local administrator or local government official except other political official other than Minister;

(2) receive any concession from the State, a State agency or State enterprise, or become a party to a contract of the nature of economic monopoly with the State, a State agency or State enterprise, or a become partner or shareholder in a partnership or company receiving such concession or becoming a party to the contract of that nature;

(3) receive any special money or benefit from any State agency or State enterprise apart from that given by the State agency or State enterprise to other persons in the ordinary course of business.

References: According to Notification of the N.C.C. Commission Concerning the provisions of the acceptance of property or any other benefit on ethical basis by State officials 2000, section 4 refers that any State officials shall not receive property or any other benefit from any person other than legitimate property or benefit derived under the law, rules or regulations issued by virtue of the provision of law, with the exception of the acceptance of the property or any other benefit on the ethical basis in accordance with this Notification.

References: Organic Act On Counter Corruption 1999, Section 32 states that:

Persons holding political positions shall, on each occasion of taking or vacating office, submit to the N.C.C. Commission an account showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris as they actually exist on the date of the submission, in accordance with the form prescribed by the N.C.C. Commission. The assets and liabilities which are subject to the declaration requirement shall include assets and liabilities in foreign countries and those which are not in possession of the declarers, their spouses and children who have not become sui juris. In the case where any person holding a political position under paragraph one hold more than one political position, such person shall submit separate accounts showing particulars of assets and liabilities for every position in accordance with the time prescribed for the submission of the account in respect of such position.

Section 4 in this Organic Act states:

Person holding a political position means: (1

(1) Prime Minister; (2) Minister; (3) member of the House of Representatives; (4) senator; (5) political official other than (1) and (2) under the law on political officials; (6) political parliamentary official under the law on parliamentary officials; (7) Governor of Bangkok Metropolitan, Deputy Governor of Bangkok Metropolitan and member of the Bangkok Metropolitan Assembly; (8) executive member and member of a Nakhon Municipality 1 Council; (9) local administrator or member of a local assembly of a local government organisation the income or budget of which is not lower than that prescribed in the Government Gazette by the National Counter Corruption Commission.

References: Interview with Ms.Nattha Pimkawe, a government official of the Secretariat of the House of Representatives on Sept. 18, 2007

References: Telephone interview with government official of the Office of the National Counter Corruption Commission, Sept. 7, 2007

Telephone interview with academics of the Office of the National Counter Corruption Commission, Sept. 7, 2007

Peer Review Comments: I have not seen a dissuasive case.

References: 1.Interview with Ms.Nattha Pimkawe, a government official of the Secretariat of the House of Representatives on Sept. 18, 2007

2.www.senate.go.th

References: Constitution of Thailand 1997, Section 293 states that:

When the account showing the particulars of assets and liabilities and its supporting documents have been received, the President of the National Counter Corruption Commission or the member of the National Counter Corruption Commission as entrusted by the President shall affix his or her signature on every page of the account.

The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts or the State Audit Commission.

The President of the National Counter Corruption Commission shall convene a meeting of the Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.

References: Interview with Ms.Nattha Pimkawe, the government official of the Secretariat of the House of Representatives, Sept. 18, 2007

References: Interview with Ms. Nattha Pimkawe, a government official of the Secretariat of the House Representatives on Sept. 18, 2007

References: Constitution of Thailand 1997, Section 156 states that:

A resolution on any issue shall be made by a majority of votes, unless it is otherwise provided in this Constitution.

In casting a vote, each member has one vote. In case of an equality of votes, the presiding member shall have an additional vote as a casting vote. The President of the National Assembly, the President of the House of Representatives and the President of the Senate shall cause the voting of each member to be recorded and disclose such record in a place where the public entry for its inspection is possible, except for the case of the voting by secret ballot.

The casting of votes to elect or give approval to a person for holding office shall be secret, unless otherwise provided in this Constitution, and members shall have autonomy and shall not be bound by resolutions of their political parties or any other mandate.

Citizens can access records of legislative processes and documents through:

1. [ LINK ]

2.At the Office of the Official Information Commission, the Secretariat of the House Representatives, Pradipat Rd., Samsennai, Phayathai, BKK

3.Telephone: (662) 244 1565, (662) 244 1726 and Fax: (662) 224 15565

Parliamentary sessions are published and sometimes televised. Information about parliamentary sub-committees and personnel matters are more difficult to access.

References: Interview with a government official of the Office of the Official Information Commission, the Secretariat of the House Representatives, Sept. 18, 2007

References: Telephone Interview with a government official of the Official Information Commission, the Secretariat of the House Representatives, Sept. 18,2007

Peer Review Comments: This estimate does not include indirect costs, such as for revisits.