Law Reform Commission: Background and Performances
The Constitution of the Kingdom of Thailand B.E.2550 (2007) consists of the Directive Principles of Fundamental State Policy concerning ‘Law and Justice Policy’, the objectives of which are to convey justice from law and judicial processes to people, and to encourage all people who have right to vote to participate in legislation so as to create justice from law application by the state.
Section 81 (3) of the Constitution of Thailand has prescribed that the state should proceed accordingly to the Law and Justice Direction by establishing an organization that works independently to reform the laws, and to amend the laws to comply with the Constitution, with the consideration of opinions of all people whom such laws affects. The Section 308 of the Transitory Provision prescribes that the Cabinet that was administrating the country on the day on which the constitution was first activated (29th August B.E. 2550 (2007)) should appoint the Law Reform Commission that works independently, within 90 days since the day on which the constitution was first applied. The commission had to study and make suggestions on legislation of laws that, according to the prescriptions of the constitution, had to be made for implementation. In addition, the commission had to legislate the laws concerning the establishment of the organization for reforming the laws, according to Section 81 (3). This had to be finished within one year (23rd August B.E.2551(2008)), starting on the day on which the constitution was activated. Such laws should consist of regulations supporting the preparation of bills of people having the right to vote in an election.
Therefore, the Cabinet (during the time when General Surayuth Chulanonth was the Prime Minister) had resolution to appoint a commission to select members of the Law Commission, and to give suggestions in terms of the Law Reform Commission to the cabinet. The following parts give the concluded ideas of the selecting commission to determine authorities and natures of the Law Reform Commission.
1. Natures of the Law Reform Commission
A member of the Law Reform Commission should possess a body of knowledge concerning laws; know and understand the process of law development; be able to draft bills; have knowledge on the establishment of law reforming organizations of foreign countries; be capable of management and administration; know and understand research work processes; be capable of working in team; know the need and the movement of the society; and be capable of communicate to people to create mutual understanding. Members of the Law Reform Commission should come from various units/departments/organizations so that their opinions and ideas could vary; nevertheless, the number of the members should not be huge.
2. Authorities
Apart from those prescribed by the constitution, the Law Commission should have authorities to proceed in other matters in order to deliver its operations conveniently and completely, to accomplish the objectives of the constitution such as the appointment of a person or a group of persons to help in certain operations, the make of a code of conducts, and other important operations.
In order to do so, the selecting commission suggested the cabinet to exercise its authorities from the Constitution of Thailand B.E. 2550 (2007) by appointing the independent Law Reform Commission with 11 members. The cabinet finalized its resolution on 13th November B.E.2550 (2007) to approve the Law Commission, with Professor Kanit Na Nakorn as the President, proposed by the selecting commission. Later, on 18th December B.E. 2550 (2007), the cabinet had resolution to approve Mr. Wisit Wisitsorra-at, the Director of the Office of Justice Affairs, as the secretary of the Law Reform Commission; and to appoint the Office of Justice Affairs to be the administrative unit of the commission.
Currently, the Law Reform Commission has two main missions, which are, to draft the bills concerning the establishment of a law reforming organization and to suggest the legislation of essential laws for the compliance with the Constitution. At present, the Office of Justice Affairs, as the administrative unit of the commission, has presented such bills to the cabinet since 4th November B.E. 2551. The cabinet has had the solution to approve the drafts concerning the establishment of a law reforming organization, proposed by the Law Commission. Now, such bills are being presented to the House of the Representatives.
The Legislation of Essential Laws for the compliance with the Constitution
The Law Commission has appointed various sub-commissions to study and analyze the laws, in a planned and systematic manner, to improve the laws of Thailand. All the five sub-commissions are:
1. The Sub-Commission of People’s Participation;
2. The Sub-Commission of Laws concerning Fair Trade and Consumer Protection;
3. The Sub-Commission of Laws concerning Human Rights;
4. The Sub-Commission of Laws Determining Measure and Procedure for the Conclusion of a Treaty Having Immense Effects to Economic or Social Security of the Country or Resulting in the Binding of Trade or Investment of the Country Significantly.
5. The Sub-Commission of Laws concerning the Public Submission of a Bill.
The Bill Concerning the Establishment of the Autonomous Law Reforming Organization
The main ideas of the Bill of the Establishment of the Autonoumous Law Reforming Organization (the Bill of the Law Reform Commission B.E. ….)
1. The Law Reform Commission must consist of the President, a Vice President, and other 9 members, which are all appointed by His Majesty the King, with the concern about the participation of members of both genders.
The Secretariat of the Law Reform Commission is the secretary of the commission.
All members have to have empirical proofs of their performances, understanding, and capabilities in laws, politics, social science, and science, or any other criterion that is useful to law reform.
2. There must be the selecting commission, with twelve members, to nominate appropriate nominees to be appointed as members of the Law Reform Commission.
3. Three members of the Law Commission must be full-time members, working in the three-year term, starting since the day of appointment. Other members work in a six-year term, and can stay in position for only one term.
4. The Law Reform Commission is responsible for making academic research works, studies and analyses to set goals, policies; and plans for programmes and measures in order to reform the laws of the country in a systematic manner for developing the judicial system of the country. The commission has to present its legislation plans that are essential to the operations by the policies or the administrative plan to the cabinet. The commission has to make suggestions for the cabinet on legislation plans or law amendments by considering the overview of the laws or the set of laws related to the matter; and to give to the cabinet, their opinions and suggestions on bills presented by the House of Representatives, the Court, an independent organization, or people who have right to vote.The commission can also take opinions of related people or organizationsinto its consideration; give advice and supports to people’s operations of drafting bills; and reporting its annual performances o the Cabinet and the Parliament.
5. There must be the Office of Law Reform which is a governmental organization, with the status of a juristic person, under the direct control and patronage of the President of the Law Commission, under the responsibilities of the secretariat of the commission, working on general operations of the commission. According to the Organic Law on State Audit, the Office of Law Reform shall be audited.
---------------
