Journal of Thai Ombudsman

Constitutional Justice Administration under Section 213 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) : A Case Study of the Role of the Ombudsman in the Constitutional Complaint Mechanism

2026-04-29T15:54:49+07:00

This article examines the administration of constitutional complaint cases under Section 213 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017), with particular emphasis on the role of the Ombudsman as an intermediary institution responsible for filtering petitions before they reach the Constitutional Court. The study adopts the framework of constitutional justice administration to analyze the structural relationship between individuals’ right of access to constitutional justice and the necessity of effective case management within the Constitutional Court.

The research employs a doctrinal and comparative approach, drawing on the experiences of Germany, Austria, the Republic of Korea, and Türkiye to evaluate international standards concerning admissibility criteria and filtering mechanisms.

The findings indicate that while filtering mechanisms are an indispensable component of modern constitutional complaint systems, their legitimacy and effectiveness depend on three key conditions: (1) clarity and predictability of admissibility criteria, (2) transparency and reason-giving in the filtering process, and (3) the exercise of filtering functions under judicial control. These conditions are essential to prevent filtering mechanisms from becoming institutional barriers that undermine the fundamental right of access to constitutional justice.

In the Thai context, the study reveals that the current system under Section 213 suffers from both legal and structural limitations, particularly the absence of clear admissibility standards and the lack of systematic reasoning at the Ombudsman stage. These deficiencies risk constraining individuals’ effective access to the Constitutional Court.

The article proposes a three-tier reform framework—covering interpretive practice, subordinate legislation, and institutional structure—to realign the system with the principles of constitutional justice administration and international standards. Such reforms are expected to enhance both the efficiency of case management and the legitimacy of constitutional rights protection in the long term.

An Integrated Development Framework for Water Surveillance and Security Management of the Mekong Riverine Peacekeeping Unit, Nong Khai Sector

2026-05-29T07:44:18+07:00

This study employed a qualitative research design using action research. The objectives were to: (1) analyze the operational situation of officers of the Mekong Riverine Unit in Nong Khai Province using SWOT analysis, and (2) develop strategies for surveillance and water security of the unit. Key informants consisted of 20 officers selected through purposive sampling. Data were collected through semi-structured and in-depth interviews. Data credibility was ensured through triangulation. The data were analyzed using content analysis and thematic analysis.

The findings revealed that:

1.The SWOT analysis indicated that the unit’s strengths include personnel expertise, operational efficiency, and strong local collaborative networks. However, key weaknesses lie in limitations of equipment and insufficiently modern support systems, which affect the timely detection and response to threats. Opportunities arise from regional policy support and access to emerging technologies, while threats stem from the increasing complexity of border security issues. The synthesized strategies were categorized into four dimensions: aggressive (SO), defensive (ST), corrective (WO), and preventive (WT) strategies, aiming to systematically enhance operational effectiveness.

2.The strategic development of surveillance and water security systems comprises four key strategies: (1) enhancing capacity through smart technologies, (2) establishing integrated defense mechanisms, (3) strengthening personnel capabilities, and (4) implementing systematic risk management to address security gaps. The implementation of these strategies is expected to modernize surveillance systems, improve responsiveness to complex threats, and sustainably enhance security in the Mekong River border areas. The strategic framework consists of 1 vision, 5 missions, 5 goals, 4 strategies, and 22 supporting measures.

Developing Innovations to Enhance Ethics and Morality in Preventing Corruption Among Police Officers in the Performance of Their Duties

2026-06-05T14:47:01+07:00

This research aims to develop innovative approaches to enhance ethics and morality in preventing corruption among police officers. The goal is to raise awareness of anti-corruption among police personnel. A platform was designed and developed to promote ethical conduct, pride in the police profession, and the courage to stand up for what is right in combating corruption. This mixed-method research involved data collection through in-depth interviews, focus group discussions, workshops, and an evaluation of the effectiveness of the application designed to promote ethics, morality, and anti-corruption awareness among police officers.

The findings indicate that:

(1) The developed COPDee platform is user-friendly and secure, with functions including receiving information about anti-corruption activities and prevention, reporting corruption among police officers, recognizing ethical officers, providing a forum for discussion, and using a chatbot to provide automated information via a messaging application.

(2) The overall evaluation of the COPDee platform's usability was at the highest level (x̄ = 4.62, SD. = 0.57).

Approaches to Public Personnel Management in the Digital Era and the Polycrisis Context

2026-06-02T10:07:47+07:00

This research article aims to examine the problems, impacts, and propose approaches for public personnel management in the digital era and the context of polycrisis, encompassing challenges arising from technological transformation, economic change, and modern working arrangements. The study builds upon lessons learned from the COVID-19 pandemic and extends them to the design of public human resource management systems in the twenty-first century. This research adopts a qualitative documentary approach. It analyzes academic literature, research studies, reports of international organizations, and relevant legal and policy frameworks in Thailand and selected foreign countries in order to develop comparative policy recommendations. The findings reveal that major problems in public personnel management include the inability of organizational structures and work processes to keep pace with technological change, the decline of workplace relationships and social capital under hybrid working conditions, compartmentalized thinking in personnel policy formulation, deteriorating quality of working life and mental health, and the insufficient use of Big Data and foresight in policy decision-making. These challenges lead to reduced administrative efficiency and outcomes that fail to meet societal expectations. This study proposes the “BIIRR Model” as an innovative and integrated framework for public personnel management in the digital and polycrisis context. The model consists of Big Data, Importance, Integration, Relationships, and Remedies, integrating data-driven decision-making, strategic human resource management, whole-of-government coordination, workplace social capital, and personnel resilience into a unified framework. The BIIRR Model aligns with public sector reform principles advocated by the OECD and other international organizations, emphasizing flexibility, digital competencies, and hybrid work arrangements. It provides a practical policy framework for enhancing adaptability, sustainability, and effectiveness of public personnel management systems in Thailand.

The Constitutional Court’s Interpretations on the Exercise of Executive’s Authority and the Protection of People’s Rights and Liberties under Public Emergency Situations

2026-05-06T11:12:36+07:00

As judicial organization established under the spirit of the Constitution that intended to be mechanism for overseeing the exercise of state’s authority and protecting rights and liberties, the Constitutional Court thus performed the role in safeguarding people’s rights and liberties from the exercise of executive’s authority under public emergency situations based on duties and powers provided in the Constitution. This article, based on documentary analysis, aimed at examining judgments of the Constitutional Court regarding the protection of rights and liberties under public emergency situations in order to analyze the interpretations of the Thai Constitutional Court regarding types of emergency situation, the exercise of the Executive’s authority and rights and liberties of people under public emergency situations.

After searching for the related judgments of the Constitutional Court, whether it was a ruling or an order, it was found that the interpretations of the Constitutional Court regarding types of emergency situation, the exercise of the Executive’s authority and rights and liberties of people under public emergency situations illustrated two approaches of interpretation namely ‘duty-based approach’ which the Constitutional Court emphasized the utilization of special power based on law of public emergency by the Executive and ‘right-based approach’ which human rights was received more important by the Constitutional Court than the former one. Additionally, the analyzed interpretations also illustrated legal limitations regarding the rules, procedures, and conditions of Constitutional Court’s procedures that caused an ineffectiveness of the protection of right and liberties of people from the exercise of State’s power under emergency situations by the Constitutional Court.

In order to perform the role as ‘the last resort’ in protecting rights and liberties in any circumstances in accordance with the spirit of the Constitution, the Constitutional Court, based on subjective aspect of individual Justice consisted in a panel, should adopt ‘right-based interpretation approach’ even there were some legal limitations regarding the rules, procedures, and conditions of the Constitutional Court’s procedures. Moreover, such legal limitations would be revised in order to provide feasible way for the Constitutional Court to protect people’s rights and liberties once the Court had to consider the case of constitutional review of any law or act under emergency situation that drastically violated rights and liberties.

Problems and Loopholes in the Offense of Insulting or Disrespecting a Corpse under the Thai Criminal Code

2026-05-12T16:02:45+07:00

This academic article examines the offense of insulting or disrespecting a corpse under Section 366/4 of the Thai Penal Code, which aims to protect human dignity even after a person has ceased to exist as a legal person. It also seeks to safeguard the rights of family members, as well as honor and reputation, which are rights guaranteed by the Constitution. The author therefore aims to study the differences between the offense of insult, other defamation-related offenses under the Penal Code, and the offense of insulting a corpse in foreign jurisdictions, in order to compare and further develop this offense to ensure the most comprehensive protection possible. The study also proposes improvements to align the offense of insulting a corpse with other offenses of insult and defamation under the Penal Code. This research employs a qualitative methodology based on documentary sources, including academic articles, journals, books, and legal materials from both Thailand and other countries.

The findings reveal that the offense of insulting a corpse constitutes a public offense rather than a compoundable offense, which distinguishes it from defamation under Section 326 and defamation of the deceased under Section 327. It is also not classified as a petty offense, unlike the offense of face-to-face insult under Section 393. Furthermore, the provision does not extend to acts of insult directed at representations of the deceased. The author observes that the structure of penalties, elements of the offense, and applicable general principles make criminal proceedings in such cases more stringent and more difficult to settle compared to offenses of insult or defamation against living persons. Additionally, the current scope of the offense does not cover other representations of the deceased. Therefore, it is suggested that the law should be amended to include acts of insult toward such representations in order to provide more comprehensive legal protection.

Crime in the smog: An analytical study of the haze problem in Northern Thailand through the lens of green criminology

2026-05-18T09:44:22+07:00

Haze has been a matter of serious concern in Thailand since 2007, and over the past two decades, the impacts of this problem have become increasingly severe, particularly in the country's northern region, which is rich in forests and agricultural land. Historically, efforts to manage the haze problem have primarily been based on an environmental management perspective. However, this article aims to present a paradigm shift in addressing the haze issue through the conceptual framework of “Green Criminology.” By utilizing documentary analysis, it explains how this problem can be considered a type of environmental crime. From the perspectives of rational choice theory and deterrence theory, it is found that agricultural burning stems from perpetrators weighing the costs and benefits, with economic incentives serving as a primary factor that allows the problem to persist. Currently, there are no specific laws addressing these actions. Meanwhile, existing legal mechanisms and regulations, despite being enforced, remain ineffective because economic incentives influence the offenders' decision-making far more than the fear of the law. Consequently, tackling the haze problem should be reframed as an issue of environmental crime. Nevertheless, managing this problem must also focus on systemic solutions rather than solely penalizing individuals at the end of the chain. For instance, supportive measures should be increased to reduce the economic incentives for farmers and/or entrepreneurs to engage in open burning, which would make law enforcement mechanisms more effective. This includes enacting laws that incorporate Extended Producer Responsibility within contract farming systems and linking these efforts to Green Finance initiatives, among other measures.

From “State Monopoly” to “Regulatory State” in the Energy Sector : An Analysis of Thai Constitutional Court Ruling No. 1/2566 and Lessons from the Energy Transition of the French Republic

2026-05-25T07:55:22+07:00

This article aims to analyze the legal status of “electricity generation” within the Thai legal system following Constitutional Court Ruling No. 1/2566. It conducts a comparative study with the evolution of French energy law, commencing with Law No. 2000 - 108 of 10 February 2000 on the Modernization and Development of the Public Electricity Service This Act served as the foundational legislation for reform before being systematically codified into the current Energy Code. Furthermore, the study aims to demonstrate the paradigm shift in the State’s role from an “Operator State” or “State Monopoly” to a “Regulatory State” within the context of public economic law, amidst debates on the legal legitimacy of reducing state ownership in the electricity generation sector to below 51 percent.

The findings reveal, firstly, that the Thai Constitutional Court interpreted that “electricity generation” does not constitute a basic utility or network requiring a state monopoly under Section 56 of the Constitution, which aligns with the international principle of “Unbundling” found in the French legal system. This principle legally distinguishes “generation” as a competitive activity from “network operation,” which remains a natural monopoly. Secondly, the study confirms that such a transformation does not constitute an abandonment of state duties; rather, it reflects the concrete status of a Regulatory State. In this model, the State focuses on maintaining energy security through regulatory mechanisms via an independent regulator (ERC) and strategic planning (PDP), instead of maintaining traditional ownership over the means of production.

Forecasting Crime Situation through the Safe Points System for the Development of Public Safety Zones in the Digital Era

2026-05-21T15:50:05+07:00

This academic article aims to examine the application of the Safe Points system in forecasting crime situations in order to create safe areas for the public in the digital era under the Office of Justice Affairs, Ministry of Justice. The formulation of policies and strategies in the justice process to ensure public safety requires empirical data that is accurate, comprehensive, and up-to-date in order to effectively support policy decision-making among relevant agencies under the National Justice Administration Development Committee. This study employed documentary research through the review of relevant literature, research studies, and laws. The findings indicate that current crime situations and the delivery of justice to the public have become increasingly complex and rapidly changing in response to social, economic, and technological contexts. Therefore, the development of database systems and big data analytics has become an essential mechanism for supporting modern justice administration in terms of crime prevention, reducing inequality in access to justice, and strengthening public confidence. As the secretariat of the National Justice Administration Development Committee, the Office of Justice Affairs plays a significant role in planning justice policies and strategies. It has continuously collected crime and justice statistics from relevant agencies and produced the White Paper on Crime and Justice to reflect the overall situation and key trends of the country. The study further found that the Office of Justice Affairs has established the National Justice Administration Database Center (NJADC), which represents a newly developed analytical system designed to connect and integrate databases among agencies within the justice process. This initiative is consistent with the government’s digital policy emphasizing data-driven public administration, as well as the 20-Year National Strategy on Security, which focuses on enhancing the safety of people’s lives and property. It also supports the creation of safe spaces for the public under a “People-Centered Approach,” enabling the government to better respond to public needs and enhance safety. To improve the completeness of the database for analytical purposes, the study recommends further integration with other public and private sector databases, as well as the expansion of cooperation at the international level.

Legal Issues in the Monitoring and Enforcement of the National Strategy under the Constitution of the Kingdom of Thailand and the National Strategies Preparation Act, B.E. 2560 (2017)

2026-05-22T15:39:56+07:00

This article examines the status, roles, and legal effects of the National Strategy under the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and the National Strategy Preparation Act B.E. 2560 (2017). The study analyzes the relationship between the National Strategy and relevant public law frameworks, including laws governing public administration, administrative procedure, budgeting, fiscal discipline, public procurement, state audit, and anti-corruption measures, in order to assess the extent to which these mechanisms can supervise, monitor, and ensure that state agencies operate in accordance with the National Strategy. The study also employs a comparative approach by examining the legal frameworks of the Republic of Korea, the Republic of Singapore, and the United Kingdom. This research adopts a documentary methodology based on the analysis of legislation, academic literature, and official governmental documents.

The findings indicate that, although the National Strategy has been elevated as a binding framework for public administration and is supported by various legal mechanisms relating to public administration, budgeting, fiscal management, and public accountability, the relationship between such mechanisms and the monitoring and evaluation system established under the National Strategy Preparation Act B.E. 2560 (2017) remains insufficiently articulated. In particular, greater clarity is needed regarding the use of evaluation results in budgetary consideration, administrative supervision, and the determination of accountability for state agencies. Furthermore, the enforcement of Section 26 remains subject to practical limitations due to the ambiguity of certain legal terms and the evidentiary burden associated with its application. The study therefore proposes strengthening the coherence of the monitoring framework, improving the integration of evaluation outcomes into administrative and budgetary processes, developing accountability measures appropriate to the nature of public policy governance, and enhancing the transparency, continuity, and effectiveness of monitoring and evaluation mechanisms. These measures would contribute to a more effective implementation of the National Strategy in practice.

Problems on issuing the enforcement and Recommendations in Constitutional Court Ruling

2026-06-11T07:29:15+07:00

This article aims at studying problem, on the issuance of enforcement order and recommendation of the Constitutional Court’s rulings established by laws and the interpretation of the Constitutional Court. It also examined procedures and concept of the binding force, the issuance of enforcement order and the recommendation of the Constitutional Court’s rulings under the Constitution, the Organic Act on the Procedures of the Constitutional Court B.E. 2561 (2018) and the Rules of the Constitutional Court on Procedures of Constitutional Cases B.E. 2562 (2019). This article also compared with the cases of the Federal Constitutional Court of the Republic of Germany, the Constitutional Court of the Republic of Austria and the French Constitutional Council in order to analysed and examined the appropriateness of the issuance of enforcement order and recommendation. Based on documentary analysis, this article examined the Constitution of the Kingdom of Thailand B.E. 2560 (2017), relevant laws, academic articles, reports, legal text books, and electronic materials.

Consequently, it was found that the issuance of enforcement order and recommendation raised 3 problems namely (1) the problem on the protection of people’s right affected by the enforcement order issued for nullifying the law that was contrary to or inconsistent with the Constitutional in the future; (2) the problem on the issuance of enforcement order for imposing conditions for parties; and (3) the problem on status of recommendation stated in the Court’s ruling.

This article gave some recommendations to the Constitutional Court as follows: (1) the issuance of enforcement order nullifying the law that was contrary to or inconsistent with the Constitution in the future should be imposed as additional issue for consideration rather than only whether the law was contrary to or inconsistent with the Constitution. In deciding to include the enforcement order in the Court’s ruling, it should require two-third majority vote of existing Justices of the Constitutional Court; (2) the issuance of enforcement order imposing conditions for parties, the Constitutional Court should perform itself only within the competences that derived from the Constitution. Moreover, giving the recommendations was significant instrument of the Constitutional Court in guiding the concerned authorities to perform their duties in line with the Constitution. The Constitutional Court should therefore issued any recommendation based on majority vote of existing Justices of the Constitutional Court.

Control & Anti-Corruption Measures in the private sector : the case of a listed company on the Stock Exchange of Thailand

2026-05-26T16:28:30+07:00

This article analyzes the gap between the documentary formulation of anti-corruption policies and their practical enforcement, and examines the limitations of corporate governance mechanisms in controlling, monitoring, and regulating the exercise of authority by board members and senior executives—factors that significantly impact the effectiveness of fraud prevention in listed companies.

The findings reveal that although most listed companies adopt anti-corruption policies and corporate governance measures conforming to international standards, the existence of such policies alone proves insufficient to effectively prevent or deter fraudulent conduct. This deficiency is attributable to constraints in enforcement mechanisms, audit oversight procedures, and the accountability of board members and executives in cases of organizational fraud. Consequently, instances of misconduct by board members and senior management continue to occur, causing substantial damage to shareholders, investors, and public interest.

The author concludes that fraud prevention and suppression in the private sector cannot rely exclusively on corporate-level anti-corruption policies. Rather, legal mechanisms must be enacted to reinforce and enhance enforcement effectiveness. Specifically, anti-corruption principles should be integrated into the reform and development of public limited company legislation and securities laws, aimed at elevating the liability standards for board members and executives and substantially improving fraud prevention and control mechanisms within the private sector.

Migrant Workers and the Process of Criminalization : An Analysis of Offense Patterns and Spatial Dimensions in Thailand

2026-05-29T14:28:28+07:00

This article aims to explain how migrant workers are criminalized through state governance mechanisms at the local level in migrant-dense areas of Thailand. The analysis draws on secondary data from laws, policy documents, previous studies, and statistics on migrant prisoners in five provinces: Samut Sakhon, Samut Prakan, Samut Songkhram, Ratchaburi, and Nakhon Pathom. The findings show a total of 853 detained migrant workers, with Myanmar nationals constituting the largest share (675 persons, 79.10%). Ratchaburi recorded a particularly high rate of 91.20 migrant prisoners per 10,000 migrant workers. The study finds that the state brings migrant workers into a condition of criminality through three key mechanisms: the use of laws and penalties to regulate legal status and employment; local-level law enforcement through inspection, arrest, detention, and deportation; and security discourses that frame migrant workers as risk groups or outsiders rather than as contributors to the economy. In terms of case structure, three major categories were identified: offences against life and bodily integrity, documentation-related offences, and drug-related offences, respectively. Differences in offence types across provinces indicate that migrant workers’ entry into the criminal justice process is not determined solely by their individual behavior, but is also related to documentation regimes, the discretion of officials, and localized forms of regulation and control. The high proportion of documentation-related offences in Samut Sakhon and Nakhon Pathom reflects the role of documentation regimes and variations in law enforcement practices across provinces. This article therefore argues that policy design should reduce the tendency to push problems of legal status and documentation into the criminal justice process. It should also strengthen good governance in law enforcement through fair standards of discretion and develop accessible systems for registration and status maintenance that reduce the costs of entering the formal system and the incentives for falling out of it. Such an approach would enable migrant labor governance to create sustainable order based on a balance between economic needs, security concerns, and the rights of migrant workers.

Rational Choice Theory within the Positivist Paradigm : Contributions and Limits in Explaining Social Phenomena

2026-05-25T08:48:28+07:00

This academic article examines the development of Rational Choice Theory within the framework of positivism by analyzing its basic assumptions, decision-making process, contributions, limitations, and possible applications in explaining social phenomena. The article employs a conceptual approach through a review and synthesis of relevant theoretical works, particularly those of Jon Elster, as well as scholarship in the philosophy of social science, political science, economics, and sociology. The study finds that Rational Choice Theory has made significant contributions to the social sciences by explaining human behavior as a form of decision-making shaped by reason, desires, beliefs, interests, available choices, and constraints. It also contributes to a more systematic and analytically grounded understanding of “reason” in human society. Nevertheless, the theory has been criticized for its reliance on methodological individualism, its emphasis on utility maximization, and its tendency to reduce the complexity of social, cultural, and structural contexts. The article argues that the future development of Rational Choice Theory should move toward a more interdisciplinary orientation, connect individual-level analysis with broader social structures, and apply the theory cautiously to real-world contexts. In doing so, Rational Choice Theory can continue to serve as a valuable framework for explaining, analyzing, and questioning contemporary social phenomena in a more comprehensive manner.