THE RULE OF LAW IN THE 2017 CONSTITUTION: OBSERVATIONS ON ITS ENFORCEMENT IN THE CONTEXT OF THAILAND’S DEMOCRATIC SOCIETY
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Abstract
This research aims to: (1) analyze the provisions related to the rule of law in the Constitution of the Kingdom of Thailand B.E. 2560 (2017); (2) examine the forms and limitations of the practical implementation of the rule of law; and (3) propose academic considerations for maintaining and developing the rule of law within the context of Thailand’s limited democracy. This study adopts a qualitative research methodology, collecting data through content analysis of the Constitution, as well as interviews with seven key informants. The data is analyzed using qualitative content analysis and interpretation of legal provisions and court rulings based on the conceptual framework of the rule of law and limited democracy.
The findings indicate that: (1) although the 2017 Constitution explicitly incorporates the rule of law both as a policy and legal principle, it lacks strong enforcement mechanisms and oversight measures. This has led to significant limitations in the practical application of the rule of law, particularly within the context of an imbalanced power structure and the existence of extra-constitutional powers, such as those exercised under Section 44, which undermine the roles of independent bodies and the system of checks and balances; (2) the independence of the judiciary and independent agencies remains constrained, with evidence of political interference, resulting in discriminatory and unequal application of the rule of law in practice; and (3) the research suggests that sustainable preservation of the rule of law requires structural reform of the judiciary and independent agencies, promotion of a legal culture rooted in the rule of law, and greater participation of citizens and civil society in monitoring and balancing state power. These efforts are essential to establishing a genuinely and sustainably rule-based state in the future.
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