Bot Bundit

Editorial

2025-12-30T09:05:56+07:00

The The Role of Artificial Intelligence in Thailand’s Administrative

2025-05-29T10:57:52+07:00

court system (e-Admincourt). However, it still lacks automation and decision support systems—key components of digital transformation in the judiciary. The integration of artificial intelligence (AI) in administrative justice could help minimize errors in administrative discretion, enhance transparency, and reduce the number of cases brought before the courts. Additionally, AI has the potential to shorten litigation time and lower procedural costs, improving access to justice for the public. Nonetheless, several challenges remain, including data completeness, the risks associated with over-reliance on technology, high development costs, and liability concerns in case of AI-related errors. This article examines the role of AI in Thailand’s administrative justice system by analyzing the development of the Administrative Court and the application of digital technology to improve decision-making processes for administrative officials and judges. The study highlights the necessity of developing legal and technological infrastructure alongside appropriate regulatory oversight to ensure that AI serves as an effective tool for promoting justice, reducing judicial burdens, and safeguarding citizens’ rights in the future.

The Jury System in the Republic of India

2025-07-30T15:07:46+07:00

This article aims to study the jury system of the Republic of India, which was introduced during the colonization by the ruling of the British Raj. In the initial phase, there were only foreign jurors, i.e., British and Portuguese. Subsequently, it was changed to Indian jurors. Even after independence, the Republic of India continued the trial under the jury system for decades. The system, however, was abolished due to several factors, e.g., bias and partiality of the jurors affecting the verdict. Eventually, the trial was changed to a judge-centric system with legal knowledge. In addition, the article aims to analyze the pros and cons of the jury system to figure out whether or not, through the lens of the author, Thailand should adopt this system.

Implementation of Trust Law and Fiduciary Relationship under Common Law System into Temple Asset Management under Thai Sangha Act B.E. 2505

2025-08-15T12:12:09+07:00

The common law system has an important legal principle which is called as trust law, which is part of the law of equity. Trust law is a legal concept related to the management of assets to protect those who actually benefit from the assets and from actions of those in power who possess the assets that are unfair or inappropriate and take advantage of the actual beneficiaries.

Trust law divides the trusts into 2 types, it is a trust that arises from the express intention of the trust to be created by the person who intends to establish it (settlor), also known as an express trust, such as a trust for the administration of a will and estate, or a charity trust, a trust for charity, and a trust that does not arise from the express intention of any person who establishes the trust, but arises from the operation of the law to achieve the objectives of fairness or righteousness in society, or is determined by a court decision, which can be further divided into several subtypes, such as a constructive trust, a trust that is effected by law, or a resulting trust, a trust that returns benefits to the settlor or the transferee of assets.

A constructive trust, or trust by operation of law, is a trust created by law or by a court order to ensure social justice. This occurs when a person with the authority to possess or manage property for the benefit of another person commits any act related to the property in an improper, unfair, or unconscious manner. They must take action to remedy the damage caused to the true beneficiaries of the property (equitable remedy).

A charity trust is a trust that is established for charitable purposes or for public benefit, by managing the assets to support activities that benefit society, such as schools, religions, hospitals, or foundations.

This article aims to present the current problems regarding the management of Thai temple property, which are causing significant problems and impacts on the confidence and faith of Buddhists. This is due to the management of temple property under current laws, which are quite restrictive, have many limitations, are problematic in their enforcement and implementation, are riddled with loopholes and shortcomings, are prone to corruption, are violating the Dhamma-Vinaya, and are inappropriate for monks, and those involved in their roles as temple representatives. This article begins by presenting an overview of the governance of the Thai Sangha from the past to the present. It examines the Sangha Act and other relevant laws, including the rules of conduct, morality, and discipline for monks. It also examines the roles and duties of the Sangha administrators and those involved, such as temple committee members and treasurers. It also examines temple property and religious assets, and the current management of temple property under Sangha law and the Sangha Supreme Council regulations that have caused the aforementioned problems.

The author then draws a comparison with the management of assets under trust law in the common law system, which manages assets for the true benefit of beneficiaries. The author proposes a new concept, not yet known in Thailand, regarding the establishment of constructive trusts and charity trusts, to be applied to temple assets and the management of Thai temple assets, including land, temple property, monastic land, sangha land, donations, merit-making funds, temple property and valuables, as well as temple religious assets, which are considered legally juristic trusts and protected for the true benefit of the public, the public interest, and the Buddhist public. This includes stipulating that temple representatives and related parties act as trustees in managing temple assets established as trusts. This is considered a fiduciary relationship, which requires them to possess appropriate qualifications (Fit and Proper) and not possess any prohibited characteristics. They must perform their duties to manage temple assets to the best of their ability and to the greatest benefit under the standards of fiduciary duty in accordance with common law, ethics, and the various precepts of the Buddhist scriptures. This includes determining penalties for performing duties. In addition, the temple representative should manage the trust under a group of persons or a group of representatives as government officials who must manage the temple’s assets as a trust in accordance with the principles of good governance or good governance. There are defined positions, powers, duties and responsibilities, a temple asset management system, an audit system, a risk management and compliance system, an accounting system and disclosure of information that is standardized and transparent to the public, including a complaint system and a whistleblowing system for wrongdoing.

The Distortion of Foreign Law in the Jurisprudence of the French Cour de cassation

2025-09-30T09:46:25+07:00

The “application of foreign law” constitutes the core of managing private legal relationships within the framework of conflict of laws. However, when a court of one state is required to apply the law of another, it inevitably encounters both conceptual and practical difficulties. These challenges may arise from differences in substantive rules and legal methodology, as well as the use of unfamiliar languages. Such factors may lead the adjudicating court to misunderstand the substance of foreign law, thereby resulting in errors of interpretation.

This article seeks to present the approach developed by the French Cour de cassation to prevent avoidable errors in the application of foreign law. It discusses the necessity of interpreting foreign law in conformity with the legal methodology of the law’s originating jurisdiction, the origin-conform application of foreign law, and critically examines the obstacles that may undermine both the accuracy and the effectiveness of introducing foreign law into judicial proceedings. The article further illustrates how the Cour de cassation employs judicial techniques to ensure that lower courts do not distort the application of foreign law, so-called “dénaturation de la loi étrangère”. Ultimately, it is hoped that such methodology of the Cour de cassation could serve as a foundation for enhancing the application of foreign law under Thai conflict of laws framework.