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258 (c) Law (1) and (3) in the 2017 Constitution aiming to overhaul the law-making process
in Thailand according to the international standard and contemporary society.
The Act of 2019 includes fundamental guideline to prepare a legislative draft and to
assess the impacts of law in Article 5 stating that Prior to the enactment of every law, the

State should conduct a consultation with stakeholders, analyse any impacts that may occur
from the law thoroughly and systematically, and should also disclose the results of the

consultation and analysis to the public, and take them into consideration at every stage of
the legislative process. The State should employ a permit system and a committee system
in a law only in cases of necessity, should prescribe rules for the exercise of discretion by

State officials and a period of time for carrying out each step provided by the law in a clear

manner, and should prescribe criminal penalties only for serious offences.
Additionally, the Act of 2019 also prescribes important principle in the regulatory
necessity assessment during the legislative drafting process, public consultation and the

regulatory impact assessment as follows;
1. Regulatory necessity assessment

When government agencies deem the situations necessarily calls for a new
legislation, the agencies have to clearly state reasons why it is necessary to enact a new law
and have to analyse those reasons with preponderant evidence showing 1) the new law will

not place too many burdens on the people 2) the new law is the most efficient law
balancing the government’s and the people’s costs and 3) there are no any other non-legal

measures that can achieve the same result. Law that has to pass this regulatory necessity
assessment are the constitution-related Act, the Act and the Code. Regulations have to

25 Section 258. National reform in various areas shall be carried out to at least achieve the following

results:
c. Law:
(1) having a mechanism for revising laws, regulations, rules or bylaws in force prior to the date of
promulgation of this Constitution so as to be consistent with the principles under section 77, and to
develop them to be in conformity with universal standards, by providing for the application of permit
systems and committee systems only insofar as is necessary for flexibility in the performance of functions,

with a clear responsible authority and without imposing undue burden on the people, to increase
competitiveness of the country and to prevent dishonest acts and wrongful conducts;
(3) developing a legal database system of the State by using various technologies with a view to
enabling the public to conveniently access legal information and to easily understand the substances of
the laws;