ThailandΓÇÖs present governmental structure has undergone gradual and practical evolution in response to the changing environment. The kingdom of Sukhothai (1257-1378) adopted a paternalistic system of government. The king, while enjoying absolute sovereign power, would, like a father, look after all his subjects and personally pay close attention to their well - being.
The Ayutthaya kingdom inherited extensive Khmer traditions and customs, including their system of government with the king as a demigod. A major indigenous development in the governing system during the reign of King Barommatrailokanat (1448-1488) left behind a clear division between the civilian and military administration and a strong centralized government.
The succeeding Ratanakosin kingdom, established in 1767 in Bangkok, also adopted the Ayutthaya system and government structure. Thus, for over three centuries, the basic pattern of the administration of the country was, by and large, carried out without drastic changes in terms of reorganization.
In face of the threatening advance of colonialism, King Rama V, or King Chulalongkorn the Great (1868-1910), carried out a major reorganization of the central, regional and local administration, which formed the basis of the present system. His administrative reforms and rapid drive for the countryΓÇÖs modernization proved successful both in maintaining the countryΓÇÖs independence throughout the turbulent years of the government.
Changes in 1932
The politics of Thailand took a significant turn on 24 June 1932 when a abroad and imbued with the concept of Western democracy, staged a bloodless coup, demanding a change from absolute to a constitutional monarchy. Determined to avoid any bloodshed, King Prajadhipok (Rama VII) agreed to the abolition of absolute monarchy and the transfer of power to the constitution- based system of government as demanded. To some, this demand was premature, but fortunately due to the far-sightedness of King Prajadhipok and his predecessors, in particular King Chulalongkorn the Great and King Vajiravudh (Rama VI), Thailand was not unprepared for this transition. While continuing the process launched by the two previous kings, King Prajadhipok had every intention of accustoming the Thais to the Western system of constitutional monarchy and had considered the eventuality of introducing such a form of government to the people at an appropriate moment. Popular readiness, the King believed, was an important ingredient to success for such a transition. It was only a matter of waiting for the right time.
On 10 December 1932, King Prajadhipok signed ThailandΓÇÖs first constitution and thus ended 700 years of ThailandΓÇÖs absolute monarchy. Despite the number of successive constitutions that followed in the span of just over half a century, the basic concepts of constitutional government and monarchy laid down in the 1932 constitution have remained unaltered.
Major Aspects in Thai Administration
The first and foremost concept is the status of the monarch as Head of the Armed Forces and Upholder of the Buddhist Religion and all other religions. Every constitution provides that the monarch is sacred and inviolable in his person. His sovereign power emanates from the people, and as Head of State, he exercises his legislative power through Parliament, executive power through the Cabinet headed by the prime minister, and judicial power through the courts. The monarch is empowered with the right to be consulted, the right to encourage, and the right to warn whenever the government appears not to administer the state affairs according to the wishes and for the good of the people.
The second concept concerns the legislative branch. The leaders of 1932 realized that the goal of popularly - elected government could not be attained immediately, and that considerable experimentation and adaptation would be necessary before a balance could be struck. For this reason, the first constitution was a cautious document that created a bicameral National Assembly with two categories of members, half of whom were elected by popular vote as MPΓÇÖs or Members of Parliament who serve a 4-year term in the Lower House; the other half were appointed by the King on the recommendation of the Council of Ministers (now called the cabinet) as Senators who serve a 6-year term in the Upper House or the Senate. However, according to the Constitution B.E. 2540 (1997) the House of Senate consists of 200 elected members. The first senatorial election was held in 2000.
The third concept concerns the executive branch. Every constitution holds that the Prime Minister is head of government and chief executive. A slight difference between the Thai prime minister and those in other countries is that, since the creation of the post of the prime minister in 1933, the Thais have often looked to their prime minister as a protective figure, possibly due to their tendency to extend family structure into the sphere of government.
The cabinet is responsible for the administration of 20 ministries. Each ministry is politically headed by a minister with or without deputy ministers, all of whom sit in the cabinet. A number of cabinet committees have been set up consisting of relevant ministers, such as the Cabinet Economics Committee, to coordinate major policies concerned. This development enables the government to ensure that no policies incompatible with other related ones are made. The committees may be assigned merits of each project or policy for the to go into such details before giving final approval or disapproval to that project or policy and spare itself time to consider other important matters.
Besides the ministers responsible for each ministry, there is a number of Deputy Prime ministers taking charge of various responsibilities undertaken by the Office of the Prime Minister which in itself ranks as a ministry. The Prime Minister Office is largely concerned with formulating the national policy. One of its primary subdivisions, the Budget Bureau, prepares the nationΓÇÖs annual budget. The National Economic and Social Development Board lays out longer term development planning. The Office of the Council of State provides expert assistance in drafting laws and gives ruling on questions concerning administrative law. It remains quite distinct from the Justice Ministry, which administers laws after they are promulgated. Several other organizations, such as Office of the Civil Service Commission and the Public Relations Department also fall under the responsibility of the Prime MinisterΓÇÖs Office.
The Ministry of Commerce facilitates external and internal trade. This includes control or supervision of prices for certain strategic commodities such as rice, temporary restraints on a narrow range of imports (in cooperation with BOI), and the provision of export promotion services.
The Ministry of Interior has authorities and responsibilities concerned with ΓÇ£remedies for the sufferings and nourishment for the needyΓÇ¥
The Royal Thai Police Bureau one of the largest government sectors. The Police Bureau is divided into three forces and a number of smaller units. The Metropolitan Police Force is concerned with crime prevention and suppression, traffic control and, through the Police Fire Brigade, with firefighting in the Greater Bangkok Metropolis. The Provincial Police Force is operated throughout the rest of the country. The third force is the Border Patrol Police, an elite force established in 1951 to prevent insurgent infiltration and maintain peace and security in border areas. The Police Bureau also includes the division responsible for matters concerning immigration and visas.
The Ministry of Agriculture and Cooperatives covers fisheries and forestry as well as farming. Its Cooperatives Promotion Department has gained increasing importance in recent years by providing farmers with opportunities to work together, pool resources, and take advantage of economies of scale.
The Ministry of Transport controls aviation, harbours, highways, land transport.
The Ministry of Information and Communication Technology Under the Public Service Reform Act B.E. 2545 (2002), the Ministry has been given the mandate to plan, promote, develop and implement all undertakings related to information and communication technology, meteorology and statistics. Its responsibilities also encompass post and telecommunications including satellite and microwave transmission.
The Ministry of Education standardizes elementary, secondary schools, in addition, it supports the non-formal education and education in rural areas to ensure an equal opportunity in education and educate those excluded from the school population.
The Ministries of Defence, Finance, Foreign Affairs, Justice, Public Health, Natural Resources and Environment, Labour, Energy, Industry, Information and Communication Technology, Science and Technology, Social Development and Human Security, Tourism and Sports, effectively keep pace with accelerating developments in their areas of authority.
In addition to the ministries mentioned above, these authorities are also given jurisdiction over state enterprises or public corporations which deal with public utility services.
The head of career civil servants who has administrative control over all the departments of the ministry, each of which is headed by a director - general, also a career civil servant.
The Ministry of Culture is one of 20 government agencies, which was established according to the Bureaucratic Restructuring Act B.E.2545 (2002) decreed on 2 October B.E.2545 (2002). The ministry is responsible for national culture policy and implements strategies to encourage, create, research, disseminate, protect and promote history, culture, moral assets and ethic of the nation. The ministry consists of 6 departments and a public organization: Minister Office; Office of the Permanent Secretary, the Religious Affairs Department; the Fine Arts Department; Office of the National Culture Commission; Office of the Contemporary Arts and Culture; and Princess Maha Chakri Sirindhorn Anthropology Centre (Public Organization).
The Armed Forces
The Thai Armed Forces are divided into three branches: the Royal Thai Army (RTA), Royal Thai Navy (RTN) and Royal Thai Air Force (RTAF). Thai soldiers are composed of professional soldiers and those recruited by conscription. Every male aged twenty is subject to two years of military service. Students are allowed deferment until they have graduated.
His Majesty the King is Commander in - Chief of the Royal Thai Armed Forces and the cabinet is the instrument through which national security policy is formulated. A National Security Council, composed of a number of ministers, is charged with coordinating the maintenance of national security and peace.
Judiciary and Justice Administration
The history of the judiciary and the administration of justice in Thailand can be traced back to the Sukhothai period (1257-1378). A stone inscription recorded in the reign of King Ramkhamhaeng the Great showed the notion that the King was the ΓÇ£Fountain of JusticeΓÇ¥ who, sometimes, adjudicated cases himself.
The modern judiciary and legal system in the same form as some Western countries was laid down in the reign of King Chulalongkorn the Great, the fifth monarch of the Royal House of Chakri (1868-1910). The Ministry of Justice was also established in 1892.
At present, the Courts of Justice are divided into three categories, i.e., the Courts of First Instance, the Courts are Courts of First Instance throughout the kingdom. In Bangkok Metropolis, they are, for example, the Civil Court, the Criminal Court, the Juvenile and Family Court, the Central Labour Court and the Central Tax Court, including Kwaeng Courts which have jurisdiction over minor civil cases and criminal cases with maximum punishment of imprisonment not exceeding 3 years or fine not exceeding 60,000 baht or both. In the provinces, they are the Provincial Courts, and in some large provinces the Provincial Juvenile and Family Courts and Kwaeng Courts are included.
The Courts of Appeal consist of one Bangkok-based Court of Appeal and three Regional Courts of Appeal. There is one Supreme Court with jurisdiction to review and adjudicate all cases, and the CourtΓÇÖs judgments are final. However, in criminal cases the accused may petition His Majesty the King for clemency. There are also military courts which deal with military personnel in criminal cases ; the Constitution Court, which deals with matters of enforcing laws complying with the constitution, and the Administrative Court, which is in charge of administrative powers of central, regional and local authorities.
To ensure their impartiality and independence, Thai courts adjudicate cases according to the laws in the name of His Majesty the King who is above politics in all aspects. The judges themselves are also protected from any political interference. Essentially, no new court shall be established with the purpose of trying any particular case.
Under Thai criminal proceeding, an injured person may institute a prosecution himself or lodge a complaint with the authorities concerned and have his case conducted by them. If the injured person lodges a complaint, the police inquiry officials will conduct an inquiry and file all facts and evidence for submission to the public prosecutor. After reviewing the file of inquiry, the public prosecutor may issue an order of prosecution and further the case to the court or issue an order of non-prosecution and release the alleged offender according to the evidence.
In a criminal case, the accused is protected by the provisions of laws on the presumption of innocence and the right to defend him self, including the right to have a counsel and other standard human rights protections. No judgment of conviction shall be delivered unless and until the court is fully satisfied that an offence has actually been perpetrated and that the accused has committed that offence. In case of doubt, the benefit will be granted to the accused. In this regard, the Office of the Attorney General is and the Department of Corrections is responsible for the persons convicted.
In a civil case, any person, whose rights or duties under the law are involved in a dispute or must be exercised through the medium of court, is entitled to submit his or her case to a civil court having territorial jurisdiction and competency mainly by the Civil Procedure Code of 1934 and its revisions.
In todayΓÇÖs business, however, the tendency to rely on the arbitration system seems to be on the rise due to its convenience, informality and saving of time. The Thai justice administration recognized this trend by adopting the Arbitration Act of 1987.
Owing to the rapid growth of modern transportation and communications, some crimes are committed beyond one countryΓÇÖs boundary. Thailand is also actively involved with the international community in fighting international crimes. Therefore, many prisoners, and mutual assistance in criminal matters have been entered by Thailand.
Democracy and Thailand
The changes brought about by successive monarchs and the 1932 introduction of democracy and constitutional monarchy took a long time to gain the following of the majority of the citizenry, as the kingdom encompassed such a vast area with millions of its people living in the countryside. During almost seven decades of constitutional democracy, the concept, initially alien to the majority of the people and remaining so for a few decades afterwards, has undergone a process of refinement and reconceptualization in order to adapt the democratic system to the specific needs of the Thai nation. The newly promulgated 1997 constitution greatly increased the rights of the people in political participation and also the rights to voice public opinion on major problems. ThailandΓÇÖs democratic system is thus being set on the right course of development stipulating a foundation for a political system in which prominent power is held and truly exercised by the people.
New Challenges
Thailand now faces new challenges in the restructuring of the Thai civil service administration. The purpose of the reform is to enhance public services to the Thai people through improved coordination of the Thai bureaucracy as a whole.
