THE RULE OF LAW: PERCEPTION OF THAI SOCIETY AND THE EFFECT ON NATIONAL DEVELOPMENT

Abstract

The rule of law has been mentioned around the world for many decades as a main pillar of democratic doctrine. It is not significant only of legal aspect but also an economic matter. Almost all developed countries uphold this principle, the rule of law, and judge that the states without the rule of law are uncivilized societies. In other words, the wealthy and powerful governments of the world evaluate others according to it, while the weak and poor insist that they lack it and are therefore deserving of the respect and business opportunities provided by the developed world. So the United Nations and the World Bank try to promote this rule.

               In Thailand's situation, the rule of law has been referred to for some decades by Thai legal academics, political scholars, and politicians. Even though this principle was legislated in the Constitution of Thailand, in practice Thailand still fails in the application and enforcement of the rule of law.

               In this academic article, the writer pointed out the meaning, history, and original idea of the rule of law so that Thailand should deeply understand and strongly apply it. Credit for coining the expression rule of law is usually given to Professor A.V. Dicey, Professor of Law at Oxford, who used it in his book. Dicey divided the meaning of the rule of law into three places: supremacy of law, equality before the law, and the fundamental rights and liberties guaranteed in the Constitution of England derived from the judgment of the courts.

               In conclusion, the writer pointed out that, in Thailand, the military coup (coup de’eta) undermined the rule of law. All Thais, especially judges (judicial power), therefore, should resist and stand up against the military coup or junta in order to uphold and safeguard the rule of law for the development of Thai society.

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