The Role, Duties, and Powers of the Thai Constitutional Court and Their Impact on Democratic Governance

Abstract

This academic article aims to analyze the role, duties, and powers of the Thai Constitutional Court and their impact on democratic governance from the establishment of the Thai Constitutional Court in 1997 to the present, through examining significant decisions and proactive involvement in political issues. The study reveals that the Constitutional Court has both positive and negative impacts on Thai democracy. On the positive side, the Court has served as a guardian of the Constitution and protector of citizens' rights and freedoms, enhancing understanding of the rule of law, controlling the constitutionality of laws and actions of various state organizations, and functioning as an important mechanism for checking and balancing state power. On the negative side, the proactive use of power in various issues has resulted in political conflicts and criticism regarding the expansion of authority beyond constitutional limits. The Court has become part of the "judicial activism" system, leading to "juristocracy," where judicial power has expanded beyond the legislative and executive branches.

The study highlights the necessity for structural, role, and compositional reforms to strengthen the Constitutional Court's connection with citizens and align it more closely with democratic principles. Reforms should encompass improving the judicial selection process to enhance citizen participation, clearly defining jurisdictional boundaries limited to legal matters, establishing effective control and oversight mechanisms, and enhancing fair adjudication procedures. These changes aim to restore the Constitutional Court to its original role as a genuine guardian of the Constitution and protector of citizens' rights and freedoms, rather than serving as a political tool or arbiter of political conflicts.