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    Final Essay: Topic: Write An Essay Comparing Thai Legal Procedure Vs Cambodia Legal Procedure

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    Thailand and Cambodia have some similarities in culture but different legal procedures. Thailand's legal system is based on its constitution and has four courts - Constitutional Court, Courts of Justice, Administrative Court, and Military Court. The Courts of Justice have three levels - Courts of First Instance, Courts of Appeal, and the Supreme Court. Cambodia's legal system follows a hierarchy with the Constitution at the top, followed by laws, royal decrees, sub-decrees, and other legal instruments. While there are some shared cultural aspects, Thailand and Cambodia each have their own unique legal procedures and court systems.

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    Final Essay: Topic: Write An Essay Comparing Thai Legal Procedure Vs Cambodia Legal Procedure

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    Thailand and Cambodia have some similarities in culture but different legal procedures. Thailand's legal system is based on its constitution and has four courts - Constitutional Court, Courts of Justice, Administrative Court, and Military Court. The Courts of Justice have three levels - Courts of First Instance, Courts of Appeal, and the Supreme Court. Cambodia's legal system follows a hierarchy with the Constitution at the top, followed by laws, royal decrees, sub-decrees, and other legal instruments. While there are some shared cultural aspects, Thailand and Cambodia each have their own unique legal procedures and court systems.

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    Thailand and Cambodia have some similarities in culture but different legal procedures. Thailand's legal system is based on its constitution and has four courts - Constitutional Court, Courts of Justice, Administrative Court, and Military Court. The Courts of Justice have three levels - Courts of First Instance, Courts of Appeal, and the Supreme Court. Cambodia's legal system follows a hierarchy with the Constitution at the top, followed by laws, royal decrees, sub-decrees, and other legal instruments. While there are some shared cultural aspects, Thailand and Cambodia each have their own unique legal procedures and court systems.

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    © All Rights Reserved
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    101 views3 pages

    Final Essay: Topic: Write An Essay Comparing Thai Legal Procedure Vs Cambodia Legal Procedure

    Uploaded by

    Leng Hour leng
    Thailand and Cambodia have some similarities in culture but different legal procedures. Thailand's legal system is based on its constitution and has four courts - Constitutional Court, Courts of Justice, Administrative Court, and Military Court. The Courts of Justice have three levels - Courts of First Instance, Courts of Appeal, and the Supreme Court. Cambodia's legal system follows a hierarchy with the Constitution at the top, followed by laws, royal decrees, sub-decrees, and other legal instruments. While there are some shared cultural aspects, Thailand and Cambodia each have their own unique legal procedures and court systems.

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    of 3

    GE.

    123 Law of daily life VIPHOU CHHUN 180702403944

    FINAL ESSAY

    Topic: Write an essay comparing Thai legal procedure vs Cambodia


    legal procedure.

    As the majority of you might already know that Cambodia and Thailand
    is each other’s neighbour. Both countries are known to be somewhat
    very similar in term of culture, language, design architecture, food, so on
    and so forth. So what about legal procedure? Do both countries are also
    have using the same legal procedure, or do they actually have their own
    kind of legal procedure.

    First of all, let’s take a look at Thailand legal procedure so that we can
    compare to Cambodia legal procedure. Thailand, with its King as Head
    of State, bases its judicial and legal systems on the democratic nation's
    Constitution, which recognizes four courts: The Constitutional Court,
    the Courts of Justice, the Administrative Court, and the Military Court.
    The responsibilities of each court vary. The Constitutional Court renders
    judgment or decision on the constitutionality of the provisions of law
    and other powers as provided for in the Constitution and other laws. The
    Administrative Court tries and adjudicates administrative disputes
    between the private sector and State organs concerning the issue of
    abuse of power by such State organs. The Military Court tries and
    adjudicates cases involving persons within its jurisdiction as prescribed
    by the Act for the Organization of the Military Court B.E. 2498 (AD
    1955). The Courts of Justice try and adjudicate all cases except those
    specified by the Constitution or other laws to be within the jurisdiction
    of other courts. The Courts of Justice are classified into three levels: the
    Courts of First Instance, the Courts of Appeal, and the Dika Court
    (Thailand's Supreme Court). The Courts of First Instance are trial courts
    that consist of general courts, juvenile and family courts, and specialized
    courts. All cases commence at a Court of First Instance. Appeals against
    Court of First Instance judgments shall be filed with the Court of

    pg. 1
    GE.123 Law of daily life VIPHOU CHHUN 180702403944

    Appeals, subject to certain restrictions. The Supreme (Dika) Court has


    jurisdiction over cases appealed from the Court of Appeals, subject to
    certain restrictions provided by the Civil Procedure Code, Criminal
    Procedure Code, and other procedural laws/codes applicable for
    proceedings carried out in the specialized courts, i.e. in the Labor Court,
    the Tax Court, the Intellectual Property and International Trade Court,
    and the Bankruptcy Court. Thailand generally follows the civil law
    system. However, one must realize that Thailand belongs to the civil law
    system only by the fact of its codification.

    On the other hand, we can see that Each Cambodian legal instrument
    takes its validity and legitimacy from the instrument that is placed above
    it. A new rule therefore must comply with the superior rule, can modify
    previous rules of the same level, and repeals any contrary inferior law /
    rule. The hierarchy of laws is The Constitution, the supreme law, Laws
    issued by the Legislature, laws include domestic and international law (a
    decision of the Constitutional Council affirmed that international laws
    recognized by Cambodia are directly applicable, and judges must
    consider international laws in their decision making process - Decision
    Nº 092/003/2007 CC.D of July 10 2007). Royal Decrees used to
    organize the functioning of an institution, create a new public body or
    appoint officials, ambassadors and judges. Sub-Decrees used to clarify
    provisions within existing laws, set out the functions and duties of
    government bodies or appoint government officials. Ministerial Orders
    or Proclamations used to implement and clarify specific provisions
    within higher-level legislative documents. Decisions, usually issued by
    the Prime Minister or relevant minister, are used for a temporary
    purpose and disappear once their goal is reached. However, decisions
    issued by the Constitutional Council are final and binding and
    have supremacy within the legal system, meaning that all legal
    instruments must strictly conform to them. Circulars used to clarify the
    work and affairs of ministries or a point of law and give instructions. It
    is signed by the Prime Minister and relevant minister. A circular is not
    legally binding. Local Regulations or By-laws legal rules issued by local
    Councils at the sub-national level, including the Capital Council,

    pg. 2
    GE.123 Law of daily life VIPHOU CHHUN 180702403944

    Provincial Councils, Municipal Councils, Districts Councils, Khans


    Councils, Sangkat Councils and Commune Councils. They have force of
    law only within the territorial authority of the local Council that has
    issued it, and cannot conflict with any other legal instrument at the
    national level.

    In Conclusion, we can surely say that both countries have a few of


    similarity and a lot of uniquely difference of their own.

    pg. 3

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