The Responsibilities of President of the Senate on Countersigning the Royal Command for the Appointment of Persons Holding Constitutional Positions

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Sitivarachai Srimai

Abstract

 The countersigning of the royal command derives from “The King can do no wrong” and “The King cannot act alone” principles according to English constitutional law, where The King shall exercise the sovereign power through the Parliament, the Cabinet and the Courts. Therefore, such organs must be responsible for any actions therefrom. In Thai parliamentary system, the King as a head of state shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution. So the prerogative and the royal command of the King must have been countersigned and the person who signs such acts of the King has full responsibility. The Responsibilities of the President of the Senate on countersigning the royal command in the approval and submission of an advice to the King for the appointment of persons holding constitutional positions appeared since the Constitution of the Kingdom of Thailand B.E. 2540. Therefore, the President of the Senate must respond to the exercise of such power by the King. If the President of the Senate verifies that the nominations has been found disqualified or prohibited, or that the process does not comply with the Constitution and the law, the President of the Senate who countersigns the royal command shall have the power to suspend such nominations before presenting to the King. If the President of the Senate has found that those nominations or appointment is not qualified or prohibited, or the process does not comply with the Constitution and the law but still intends to present the King for the royal signing, he or she must have both the political responsibility and criminal liabilities.

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How to Cite
Srimai, Sitivarachai. “The Responsibilities of President of the Senate on Countersigning the Royal Command for the Appointment of Persons Holding Constitutional Positions”. Naresuan University Law Journal 10, no. 2 (December 21, 2017): 121-152. Accessed March 9, 2021. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/106355.
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Research Articles

References

Borwornsak Uwanno. The Explanation of Constitutional Law. 3nd ed. Bangkok: Institute of Legal Education Thai Bar Association, 2013. [in Thai]

Borwornsak Uwanno and Pattama Sukumpan. The role and authority of the Senate According to Constitution of the Kingdom of Thailand, B.E. 2540. 2nd ed. Bangkok: King Prajadhipok’s Institute, 2000. [in Thai]

Bruschi, Ugo, and Davide Rossi. What Is the English Constitution? The Answer of John James Park in the Crucial Year 1832. Trieste: Lectures, Faculty of Law, field: History and Technique of European Codes and Constitutions, The University of Trieste, 2012.

Chanchai Sawaengsak. The Constitutional Law: Concept and Experiences Abroad. 2nd ed. Bangkok: Winyuchon, 2011. [in Thai]

Duan Bunnak, and Pairote Chainam. The Explanationof Constitutional Law(Including the Election law)Part 2 Siam Constitutional. Bangkok: Nittisant, 1934. [in Thai]

Nuntawat Boramanand. “The Countersigning The Royal Command.” Last modified 2004. Accessed July 10, 2015. https://www.pub-law.net/publaw/view.aspx?id=140. [in Thai]

Piyabutr Saengkanokkul. Royal Prerogatives, the Privy Council and persons outsideConstitution. Bangkok: Openbooks, 2007. [in Thai]

Prapan Supsang. Advanced Criminal Procedural and Evidence Laws. Unit 15 Basic Concepts and Process of Criminal proceedings for Holders of Political Positions. Nonthaburi : Sukhothai Thammathirat Open University, n.d. [in Thai]

Seidman, Guy. “The Origins of Accountability: Everything I Know About Sovereign Immunity, I Learned from King Henry Iii.” Saint Louis University Law Journal 49, no. 2 (2004): 5-6.

Somchai Preechasilpakul. “Monarchy in a Parliamentary Democracy.” Last modified 2012. Accessed April 24, 2016. https://midnightuniv.org/สถาบันกษัตริย์ในระบอบประชาธิปไตย. [in Thai]