Thai
laws follow the pattern of civil law countries of conventional
Europe. When a dispute is brought before the judge,
the court will decide a case based on an interpretation
of the statutory provisions. The court's interpretation
is not as broad as that of a court in a common law country
and unlike a common law court, its decision will not
develop a body of law. Although, interpretations by
the highest courts (Dika Court or Supreme Court) become
precedent under the doctrine of stare deices.
Thai
laws derive from two major sources; the legislative
and executive branches of both central and local governments.
The judicial decisions are not law because they apply
to an individual; not withstanding the fact that that
the court will normally adhere to precedent for subsequent
cases with the same situation in order to attain stability
and fairness. Reversal of precedent based on decisions
however doe not happen very often.
Constitutional
Law
A constitutional based law defines the powers and the
relationship of the three branches of Government to
each other and the relationship between the Government
and citizens in regards to fundamental rights and responsibilities.
Acts
An act is the most common known law and is made by parliament.
Examples of Acts are the Copyright Act, Trademark Act
and Investment promotion Act
Royal
Decree
A Royal decree is promulgated by the Executive Branch
normally though the Minister of the concerned Ministry
authorized under a specific Act to set forth the details
from time to time under the guidelines of the Act. For
example a Royal Decree to revise the tax rates under
the Revenue Code.
Emergency
Degree
An emergency Decree is enacted by the executive branch,
though the cabinet in an emergency to protect the country
from imminent harm but subject to subsequent confirmation
of the Parliament.
Codes.
The civil and commercial code, penal code, civil and
Criminal Procedure Codes are well known features of
civil law countries legal system. Initially, codified
law consisted of multiple chapters of subject matter,
but this is no longer necessary.
Administrative
Agency orders
Administrative agencies are empowered by the legislature
to promulgate rules and regulations to carry out government
functions.
Cabinet
Resolutions
Cabinet Resolutions have no binding effect but will
influence the Government Agencies in the enforcement
or interpretation of rules and regulations.
Municipal
Ordinances
Building, health and city planning codes are examples
of local government laws.
