Name of Thai law

Abstract

            There exist that handbook, document, book and handful of lawyer still incorrectly identify thai’s law, call the organic law or rule by law also misunderstood the course name from actual law name. For example, combining many act then referred said combination as “Administrative code” or refer the criminal code, the criminal procedure code, the civil procedure code and constitution as “Public law”. Such the act violate section 5 of the constitution of the kingdom of Thailand which state that “The Constitution is the supreme law of the State. The provisions of any law, rule or regulation or any acts, which are contrary to or inconsistent with the Constitution, shall be unenforceable”. In combination of section 81 130 and 172 state that the legislation must be done under the name of the constitution, organic law, act, emergency decree, announcement or order of military party who successfully did the coup D’état can be used as a law and the law that exist before parliament is called code. As a result Thai’s law was legislated under the name of the constitution, organic law, act, emergency decree, announcement or order of military party who successfully did the coup D’état and law code. Regulation is abide by the section 5 of the constitution of the kingdom of Thailand and section 5 article 7 of Act on establishment of administrative courts and administrative court procedure BE. 2542. Riyal decree and .Royal family law is only under the jurisdiction of the king. In case of process were to be done the countersign must be existed. This article purpose is to recognize the name of present Thai’s law, to illustrate the process of legislation under the different name, to illustrate the hierarchy of the law, Including knowing the name of the law and applying the law correctly, the correct usage of rule of law and the correct enforcement of law.