The Constitutional Court has been established under the provisions of the new Constitution, Section 255 through Section 268. Under the provisions of Section 268, the decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organizations. This makes it clear that there is no appeal from the decisions of the Constitutional Court, and its rules are absolutely final. They must be adhered to by the National Assembly (which includes both the House of Representatives and the Senate), and on the Council of Ministers, which includes the ministers of each and every ministry established under Thai law, on the Courts, including all other Courts, and on other State organizations. The scope of the Constitutional Courts powers is very broad. Section 262 of the Constitution provides that any bill or law which is being considered or has been adopted by the National Assembly, the Constitutional Court decides on the legality of the act, and of all provisions of the act. The court has the power to decide whether the bill or law complies with or is in any way contrary to the Constitution, and has the power to declare the law void, or to declare any part of the law void and unenforceable.
The Constitutional Court also has power to review the application of any pertinent law involved in any case before any court. The Constitutional Court can invoke its jurisdiction either by reference by the court before which the case is pending, or by objection by any party involved in that lawsuit claiming that the provisions of the law are inconsistent with the Constitution. Upon such an objection, the court in which the case is pending must stay (delay) the action and refer it to the Constitutional Court.
The Constitutional Court has been established under the provisions of the new Constitution, Section 255 through Section 268. Under the provisions of Section 268, the decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organizations. This makes it clear that there is no appeal from the decisions of the Constitutional Court, and its rules are absolutely final. They must be adhered to by the National Assembly (which includes both the House of Representatives and the Senate), and on the Council of Ministers, which includes the ministers of each and every ministry established under Thai law, on the Courts, including all other Courts, and on other State organizations. The scope of the Constitutional Courts powers is very broad. Section 262 of the Constitution provides that any bill or law which is being considered or has been adopted by the National Assembly, the Constitutional Court decides on the legality of the act, and of all provisions of the act. The court has the power to decide whether the bill or law complies with or is in any way contrary to the Constitution, and has the power to declare the law void, or to declare any part of the law void and unenforceable.
The Constitutional Court also has power to review the application of any pertinent law involved in any case before any court. The Constitutional Court can invoke its jurisdiction either by reference by the court before which the case is pending, or by objection by any party involved in that lawsuit claiming that the provisions of the law are inconsistent with the Constitution. Upon such an objection, the court in which the case is pending must stay (delay) the action and refer it to the Constitutional Court.
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