Page:Constitution of the Kingdom of Thailand (2560BE).pdf/73

Rh Section 210. The Constitutional Court has duties and powers as follows:


 * (1) to consider and adjudicate on the constitutionality of a law or bill;
 * (2) to consider and adjudicate on a question regarding duties and powers of the House of Representative, the Senate, the National Assembly, the Council of Ministers or Independent Organs;
 * (3) others duties and powers prescribed in the Constitution.

The submission of a petition and the conditions for submitting a petition, the consideration and adjudication, the rendering of a decision, and the operation of the Court, except as prescribed by the Constitution, shall be in accordance with the Organic Act on the Procedures of the Constitutional Court.

The provisions of section 188, section 190, section 191, and section 193 shall also apply to the Constitutional Court mutatis mutandis.

Section 211. A panel of judges of the Constitutional Court for hearing and rendering a decision shall consist of not fewer than seven judges.

A decision of the Constitutional Court shall be made by a majority of votes, unless otherwise prescribed by the Constitution.

In the case where the Constitutional Court accepts any case for consideration, any judge of the Constitutional Court may not refuse to adjudicate on the ground that the case does not fall under the jurisdiction of the Constitutional Court.

The decision of the Constitutional Court shall be final and binding on the National Assembly, the Council of Ministers, Courts, Independent Organs, and State agencies.

Section 212. In the application of a provision of law to any case, if a court by itself is of the opinion that, or a party to the case raises an objection with reasons that, such provision of law falls within the provisions of section 5 and there has not yet been a decision of the Constitutional Court pertaining to such provision, the court shall submit its opinion to the Constitutional Court for decision. During that time, the Court shall proceed with the trial, but shall temporarily stay its decision until a decision is made by the Constitutional Court.

In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one does not concern a matter which calls for a decision, the Constitutional Court may refuse to accept the case for consideration.

The decision of the Constitutional Court shall apply to all cases, but shall not affect final judgments of the Court, except in a criminal case where it shall be deemed that a person who has been convicted of a crime under a provision of law decided by the Constitutional Court as being unconstitutional under section 5 has never committed such