Royal Decrees in the Thai Legal System: History and Application

Abstract

In the legal system of Thailand, royal decrees are a form of written law with a history of continuous development and application since the era of absolute monarchy. Under democracy, a royal decree is enacted by the king upon the advice of the Council of Ministers. Formally, the legislative branch delegates authority to the executive to issue regulations based on powers conferred by statutes. Accordingly, royal decrees occupy a hierarchy in the legal system subordinate to the Constitution and acts of Parliament. The foundation for enacting royal decrees may be categorized bilaterally: 1) those constituting subordinate legislation or regulations, issued pursuant to the authority granted by an act of Parliament or by laws having the same legal force as an act; and 2) those issued following authority derived directly from the Constitution. The latter edicts may not necessarily be considered regulations. Studies indicate that royal decrees whose legal basis derives from constitutional authority have distinctive characteristics differentiating them from those functioning as regulations. Therefore, in some cases review of executive exercise of power in issuing such orders may be subject to judicial review. Accordingly, questions arise about the legal hierarchy of royal decrees issued under constitutional authority and which institutions are competent to review the executive exercise of power in issuing them. To ensure coherence and unity in the legal system, considering appropriate mechanisms for controlling and reviewing executive use of power has significant implications for legal methodology, the application of law to facts, and statutory interpretation.