SUPREME DUTY

Thailand is extremely fortunate to be a constitutional monarchy headed by His Majesty King Bhumibol Adulyadej. Throughout the 60 years of his reign, His Majesty has always evinced the utmost concern for his subjects, graciously expressing his views and extending advice to the Courts of Justice, so that they may to the fullest extent perform their vital role in solving the nation’s problems. This concern was clearly shown by His Majesty when he kindly granted an audience to me, as the President of the Supreme Court, and newly-appointed judges before commencing their judicial duties on 25 April 2006. I would therefore like to quote from this occasion, when His Majesty declared:

“…At present, many major problems ensue when laws are not adhered to … previously there were only the Ordinary Courts of Justice, namely - the Supreme Court, the Court of Appeals, the Criminal Court and the Civil Court- now countless other courts have sprung into existence…These new courts must carry out their duties effectively and so they should consult with the other courts for the sake of ensuring democracy for the nation.”

“…Nowadays the general public places its hopes in the courts, especially the Supreme Court and other courts. When people refer to the courts, they envisage that the courts must be commendable and trustworthy, responsible and knowledgeable, because judges study the law and examine legal issues for the benefit of the country. If the judges do not act in accordance with the fundamentals of the law and administration, it will be to the detriment of the country, as at the present, because when there are less than 500 members of the House of Representative, it cannot function. We have to consider what can be done to make it work effectively.”

“So I ask you to consider- go back and consult with judges of other courts, for example the Administrative Court and Constitutional Court, as to what should be done, and then swiftly act accordingly, otherwise the country will be adversely affected…If it is genuinely possible to consult together, the citizens of Thailand and, indeed, people all over the world, will rejoice, seeing that the judges of the Thai Supreme Court are efficient, knowledgeable, and when it is due time, are genuinely desirous of assisting the country…”

Prior to His Majesty’s speech, the nation’s problems had seemed insoluble. Indeed, for many, the prospect was of much worse to come and a deepening of divisions within Thai society, which gravely threatened national unity and harmony.

His Majesty’s address on that day was therefore truly insightful, helping to break the deadlock and solve the crisis. Within the public sector, the address re-ignited a sense of civic commitment within the civil service, especially those with executive, legislative and judicial power, who moved swiftly to put national interest before political will. The Courts of Justice have followed His Majesty’s advice, establishing important guidelines for consultations with the Constitutional and Administrative Courts. By now, many of these have been implemented in practice.

I am confident that these changes will go some way towards strengthening the judiciary’s independence from the executive, so that justice can be dispensed without favour, and thus ensure that no one is above the law. This in turn will be a crucial step towards solving our nation’s problems. •

CONSTITUTION ISSUE 1 JUN-SEP 2007 Chanchai Likhitjitta Minister of Justice, Former Supreme Court President
		GUEST WRITERS: SUPREME DUTY by Chanchai Likhitjitta

		Thailand is extremely fortunate to be a constitutional monarchy headed by His Majesty King Bhumibol Adulyadej. Throughout the 60 years of his reign, His Majesty has always evinced the utmost concern for his subjects, graciously expressing his views and extending advice to the Courts of Justice, so that they may to the fullest extent perform their vital role in solving the nation’s problems. This concern was clearly shown by His Majesty when he kindly granted an audience to me, as the President of the Supreme Court, and newly-appointed judges before commencing their judicial duties on 25 April 2006. I would therefore like to quote from this occasion, when His Majesty declared: “…At present, many major problems ensue when laws are not adhered to … previously there were only the Ordinary Courts of Justice, namely - the Supreme Court, the Court of Appeals, the Criminal Court and the Civil Court- now countless other courts have sprung into existence…These new courts must carry out their duties effectively and so they should consult with the other courts for the sake of ensuring democracy for the nation.” “…Nowadays the general public places its hopes in the courts, especially the Supreme Court and other courts. When people refer to the courts, they envisage that the courts must be commendable and trustworthy, responsible and knowledgeable, because judges study the law and examine legal issues for the benefit of the country. If the judges do not act in accordance with the fundamentals of the law and administration, it will be to the detriment of the country, as at the present, because when there are less than 500 members of the House of Representative, it cannot function. We have to consider what can be done to make it work effectively.” “So I ask you to consider- go back and consult with judges of other courts, for example the Administrative Court and Constitutional Court, as to what should be done, and then swiftly act accordingly, otherwise the country will be adversely affected…If it is genuinely possible to consult together, the citizens of Thailand and, indeed, people all over the world, will rejoice, seeing that the judges of the Thai Supreme Court are efficient, knowledgeable, and when it is due time, are genuinely desirous of assisting the country…” Prior to His Majesty’s speech, the nation’s problems had seemed insoluble. Indeed, for many, the prospect was of much worse to come and a deepening of divisions within Thai society, which gravely threatened national unity and harmony. His Majesty’s address on that day was therefore truly insightful, helping to break the deadlock and solve the crisis. Within the public sector, the address re-ignited a sense of civic commitment within the civil service, especially those with executive, legislative and judicial power, who moved swiftly to put national interest before political will. The Courts of Justice have followed His Majesty’s advice, establishing important guidelines for consultations with the Constitutional and Administrative Courts. By now, many of these have been implemented in practice. I am confident that these changes will go some way towards strengthening the judiciary’s independence from the executive, so that justice can be dispensed without favour, and thus ensure that no one is above the law. This in turn will be a crucial step towards solving our nation’s problems. •



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