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Council for Peace and Order, with the approval of the National Council for Peace and
Order, shall have power to order, restrain, or perform any act, whether such act has
legislative, executive, or judicial force; the orders and the acts, including the
performance in compliance with such orders, shall be deemed lawful and
constitutional under this Constitution, and shall be final. When those have been carried
out, a report shall be submitted to the President of the National Assembly and the
Prime Minister for acknowledgement without delay.
Section 45. Subject to section 5 and section 44, the Constitutional
Court shall have the power to determine whether or not a law is contrary to or
inconsistent with this Constitution, and shall have the powers as prescribed by the
organic law on ombudsman and the organic law on political parties; but in the case of
the Ombudsman, the Ombudsman shall have the power to present a matter to the
Constitutional Court for decision only in the case where it is considered that any
provision of law contains a question of constitutionality.
The Constitutional Court shall consider and decide cases as provided
by law, and where there is no such law, the cases shall be carried out in accordance
with the Rules of the Constitutional Court on procedure and rendering of decisions
applicable on the date before this Constitution comes into force, in so far as they are
not contrary to or inconsistent with paragraph one or this Constitution.
Section 46. In case it is considered necessary and appropriate, the
Council of Ministers and the National Council for Peace and Order may jointly vote to
amend this Constitution. In doing so, a Draft Amendment of the Constitution shall be
prepared and presented to the National Legislative Assembly for approval.
The National Legislative Council shall approve or disapprove the Draft
Amendment of the Constitution within fifteen days as from the date of receipt of the
Draft Amendment of the Constitution.
When deliberating on the approval of a Draft Amendment to the
Constitution, the National Legislative Assembly shall not make further amendments to
the Draft Amendment to the Constitution, unless the Council of Ministers and the
National Council for Peace and Order so approve.
A resolution of approval shall consist of no less than half of the total
number of existing members of the National Legislative Assembly.
DISCLAIMER: TRANSLATED BY THE LEGAL OPINION AND TRANSLATION SECTION OF THE FOREIGN LAW BUREAU FOR
EDUCATIONAL/COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL
OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF
THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE
SOLE AUTHORITY HAVING LEGAL FORCE.
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