Judicial Review
Judicial review is the power of courts to examine and revise laws, government actions, or any political decisions to ensure they comply with the Constitution of the country.
In Thailand, Judicial Review role is primarily exercised by the Constitutional Court.
Administrative Courts also have power to review the legality of the governments agencies' actions.
The legal case
The Constitutional Tribunal found TRT guilty of hiring smaller political parties to run in the election to avoid single-candidate constituency problems. This was interpreted as an attempt to manipulate the results and maintain power.
Results
The Constitutional Tribunal dissolved the Thai Rak Thai Party (TRT) for electoral fraud during the April 2006 election.
111 party executives were banned from politics for 5 years.
The ruling reshaped Thailand’s political landscape by eliminating a dominant ruling party.
It demonstrates how judicial review can directly restructure political power.
The legal case
The case revolved around the transfer of National Security Council (NSC) Secerity-General Thawil Pliensri in 2011
The Court ruled that Yingluck transferred Thawil to benefit a relative (her brother-in-law, who became national police chief).
The Court framed the transfer as an abuse of power, even though civil service reshuffles are a regular part of executive authority.
Results
The Constitutional Court ruled that Yingluck abused power by transferring the National Security Council chief.
The Court ordered her removed from office, which triggered political instability leading up to the 2014 coup.
This case study shows the power of Judicial Review in removing the elected prime minister
References
BBC News. (2007). Thai Rak Thai dissolved, leaders banned.
Phongpaichit, P., & Baker, C. (2009). Thaksin. Chiang Mai: Silkworm Books.
Hicken, A. (2006). Party System Institutionalization in Thailand. Asian Survey, 46(5).
Removal of Prime Minister Yingluck Shinawatra (2014)
BBC News. (2014). Thailand court ousts PM Yingluck Shinawatra.
Mérieau, E. (2016). The Judicialization of Politics in Thailand. Journal of Contemporary Asia, 46(3).
Harding, A., & Leyland, P. (2011). The Constitutional System of Thailand: A Contextual Analysis. Oxford: Hart Publishing.