• Phuwadate Wongkiam Faculty of Humanities and Social,major in Law Pibulsongkram Rajabhat University Talekaew Campus Pibulsongkram Rajabhat University 156 Mu 5 Plaichumpol Sub-district, Muang district, Phitsanulok Province 65000


privilege, immunity, non-accountability, inviolability


The purposes of this research were to study the concepts and legal theories of parliamentary privileges and immunities within the ASEAN States as well as to compare the relevant laws and to find for the possible measures to resolve the issues from the use of parliamentary privileges and immunities in ASEAN Community both with common and civil law systems. The results revealed that Singapore, Philippines, Brunei, Indonesia, Cambodia, Vietnam, Myanmar, and Malaysia grant absolute privileges to its parliament members by exemption from prosecution. Malaysia particularly had established the committee of privileges for the Senate and House of Representatives to make a diagnosis, a conclusion and an explanation of any matters that may affect the powers and privileges of the house of parliament. Privileges that granted to members of the parliament in Thailand was found that the members of parliament privilege on the speech freedom of expression during the sessions of the assembly without violating others’ individual rights were enjoyed by members of the parliament. As for parliamentary immunity, the member of the parliament were not subjected to any criminal procedures and arrested or prosecuted. The study found that the immunity of the members of the parliament in states with the Common law system against any criminal procedures. In comparison, states with the civil law system provided two exceptions to this rule in the circumstances where permission from the parliament was obtained for the member(s) to be arrested by a warrant or for a temporary release. The house of parliament should have the power to dictate and implement the necessary measures to impose disciplinary actions. The committee should be appointed to overlook and ensure supervise matters regarding parliamentary privileges and immunities of all members of the house in Thailand.


Charoen, P. Limitation of Using Privilege and Immunity of Member of Parliament. Master of Law (Public Law), Faculty of Law, Thammasat University, 1999.

Clowuttiwat, P. Privilege and Immunity, 2015. Available at: (King Prajadthipok’s Institute). Accessed July 11, 2016.

Government of Singapore Constitution of the Republic of Singapore, Article 63. 2010. Available at: Accessed August 13, 2016.

Itsaviwan, K. Periscope Constitution Thailand. Bangkok: Sutthisarn Printing, 1986.

Isarangkun Na Ayudhaya, P. The Feeling of Exploring the Behavior of the Council. Case Studies in Honor of People Aged 18 Years and Over in Bangkok, 2016. And Important Cities of the Province. Available at : Accessed August 1, 2016.

Jumpa, M. Encyclopedia Constitution of Thailand (1997) and Current Political Issues. Privilege and immunity. Bangkok: Kurusapa Business Organization, 2001.

Jumpa, M. Introduction to the Constitution of the Kingdom of Thailand (BE 2550). Bangkok: Chulalongkorn University, 2007.

Krue-ngam, V. Constitutional law. (Edition 3). Bangkok: Nitibannakarn Printing House, 1987.

Krue-ngam, V. Uwanno, B. Statute governing the 1977 Constitution. Bangkok: Nam Akson Printing House, 1997.

Mongkolnavin, U. Open Letter October 15, 2013 the Proposed Guidelines for Resolving Cases Parliament Members Show Inappropriate Behavior at The Council, 2013. Available at : Accessed August 1, 2016.

Noibanngo, P. National Congress of the Lao People's Democratic Republic: the role, 2016. Authority and administration. Available at Accessed: June 21, 2016.

Ponceau, H. Parliamentary Immunity Background Paper Prepared by the Inter– Parliamentary Union, 2006. Available at: Paper.pdf. Accessed August 13, 2016.

Suwanwiwat, Y. Constitutional Privileges and Immunities. Master of Law (Public Law), Faculty of Law,
Chulalongkorn University; 1982.

The secretariat of the House of Representatives. Privilege of Member of Parliament. Bangkok: Legal and academic centers; 1975.

Vannasaeng, P. Privilege and Immunity under the Constitution. This white Paper is A part of the Training. The course "for democracy, rule of law," the first generation college Constitution. Institute for Constitutional Studies Office of the Constitutional Court; 2014.




How to Cite

Wongkiam, P. (2018). PRIVILEGE AND IMMUNITY OF MEMBERS OF THE HOUSE IN ASEAN COMMUNITY. Life Sciences and Environment Journal, 19(1), 67–80. Retrieved from



Research Articles