A comparative study of constitutional law and political institutions of Malaysia and the kingdom of Thailand

Abstract

The objectives of this research Article were 1) to study the evolution of constitutional law and the political institutions of Malaysia and the Kingdom of Thailand. 2) to study the meaning, types, and objectives of constitutional law; and the composition of political institutions within the states of Malaysia and the Kingdom of Thailand. 3) To analyze and compare the relationship between the legislative power and the executive power in the form of democratic government with the monarchy of Malaysia and the Kingdom of Thailand. and 4) to summarize recommendations and propose ways to amend the constitutional law of the Kingdom of Thailand.

This research study Qualitative research methodology in the document sector. It uses descriptive data analysis methods based on relevant concepts and theories as well as the constitutional laws of both countries. To illustrate the provisions under constitutional law regarding the origin, qualifications, powers and duties, term of office in the political institutions of both countries.

The findings of the research as follows :

The first constitution of the Kingdom of Thailand is the Constitution Act for the provisional administration of the Siamese Lands, 2475 B.E., and the person who has the power to draft a constitution is the Constitution Drafting Committee. It was appointed by the National Council for Peace and Order, which is the authority to provide the current constitution. Malaysia has constitutional law after it gained independence from the United Kingdom. The first Federal Constitution of Malaysia came into force on 27 August 1957. It officially gained independence on 31 August 1957. This Malaysian constitution was formed by a group of outsiders to form a constitution, authorized to establish a constitution from the United Kingdom. The Constitution Drafting Committee is called the Lord Reid Commission. Although Malaysia was a former colony of the United Kingdom. But the current form of the Malaysian constitution is back to the American, written constitution. Prepared as a constitutional code in a single document like the Constitution of the Kingdom of Thailand that is an American form. The constitutions of both countries have the same principle as the supreme law of the constitution. As for the state model The researcher found that Malaysia has a unitary state model while the Kingdom of Thailand has a single state model. Both countries have a monarch as head of state. There is a form of government in a parliamentary system which has a parliamentary structure known as a dual parliamentary system. The House of Representatives is generally elected and the Senate is appointed and nominated alike. The authority to amend the Constitution is the Legislative Branch (Parliament) as well as the Kingdom of Thailand. The body that checks the constitutionality of Malaysia's constitutional law is the Supreme Court. The Prime Minister is the head of the general election. As for the Kingdom of Thailand, the authority to check the constitutionality of constitutional law is the Constitutional Court.