รายงานการศึกษา เรื่อง การกำหนดกฎมณเฑียรบาลในรัฐธรรมนูญไทย

The Palace Law was promulgated at the first time in the era of Ayutthaya Kingdom, in accordance with presumption of historians, this law was enacted in B.E. 2011 during Somdet Phra Boromma Trailokanat period in order to build stability and security for palace and the king. After that several Palace Laws were promulgated in the era of Rattanakosin Kingdom. However, there was no Palace Law on succession until the Palace Law on Succession, B.E. 2467 has been enacted in the period of King Rama VI, resulting to the more stable and apparent of succession process. After The Siamese Revolution in B.E. 2475, the Palace Law on Succession, B.E. 2467 was accepted and stipulated in the first constitution, Temporary Charter for the Administration of Siam Act, B.E. 2475. During B.E. 2475 to the present time, the Palace Law on Succession, B.E. 2467 has been stipulated in 13 constitutions. But this palace law has never been stipulated clearly in 6 Constitutions. Succession process must follow or shall be in accordance with the Palace Law on Successtion, B.E. 2467. Like foreign constitutions; Denmark or Japan etc. are similar to Thai Constitution because the Palace Law on sucession has been stipulated in constitution of these countries in the same manner.

The Palace Law on Succession, B.E. 2467 may be regarded as a special law, Stipulating is in the same manner in Constitution of The Kingdom of Thailand, B.E. 2534, Constitution of The Kingdom of Thailand, B.E. 2540 and Constitution of The Kingdom of Thailand, B.E. 2550. Due to the amendment of the Palace Law on Succession, B.E. 2467 shall be the prerogative of the king so the Privy Council becomes organization for drafting the Palace Law Amendment.

The role of Parliament for ascending the Throne has the same manner in 3 constitiutions, mention in the paragraph above, which has been categorized in 2 cases.

The first case, when the Throne becomes vacant and the King has already appointed His Heir to the Throne, the Council of Ministers shall notify the President of the National Assembly. The President of the National Assembly shall then convoke the National Assembly for the acknowledgement thereof and shall invite such Heir to ascend the Throne.

The second case, when the Throne becomes vacant and the King has not appointed His Heir, the Privy Council shall submit the name of the Successor to the Throne to the Council of Ministers for further submission to the National Assembly for approval. For this purpose, the name of a Princess may be submitted. Upon the approval of the National Assembly, the President of the National Assembly shall invite such Successor to ascend the Throne.