The Removal of Constitutional Court Judges from Office and the Independence of Judiciary: A Case Study on the Organic Bill on Constitutional Court Procedure B.E. …. (the Version of Constitutional Drafting Committee)”

Abstract

The Independence of Judiciary is an indispensable element of the Rule of Law as recognized and protected under liberal democratic constitutions including almost all Thai constitutions. This principle embraces a sub-doctrine called the tenure and Irremovability of Judges, which serves as a protection of judges against any immediate removal from office as a result of, inter alia, any alteration of rules and procedures for judicial appointment, the length of term of office, and the qualifications as well as disqualifications thereof.
Taking into account particularly sections 76 and 77 of the Organic Bill on Constitutional Court Procedure, which was submitted to the National Legislative Assembly by the Constitutional Drafting Committee, this research finds out that its contents as regards the automatic application, on the incumbent judges of the Constitutional Court, of a set of newly defined qualifications and disqualifications of constitutional court judges as set out in the 2017 Constitution are most likely to be, in my view, incompatible with the Independence of Judiciary