The Collision of Values in Thai Constitutional Law

Abstract

Abstract

According to the philosophy of values that had been developed in western countries since a long time ago, values in political society often do not relate to common morals, basic attitudes, customs and culture. However, such values play a role in application and interpretation by courts. At the same time, values accepted by various groups of people in political society may be contradictory to others or compete with others. Before deciding any legal issues, courts may need to determine the founding values. When explaining the basic principles in a democratic regime, the philosophy of values also plays a role. The most important basic principles in the democratic society are the protection of fundamental rights and the equality of people as a member of such community. However, even though any state or political society is under the democratic regime, there may be some values that have existed prior to the adherence to the democratic regime. These values may contradict or conflict with any basic values of the democratic regime. This leads to a clash between values; as a consequence, the democratic regime in such state cannot be developed fully. This may result in a collapse of the democratic regime.

            Thailand is a suitable example of a society where values clash intensely. In relation to constitutional law, the clash of values, as the most crucial problem, is the clash of “the democratic principles” and “customs in Thai political society”. The structure of Thai political society is apparently stuck with social stratification. As a result, the democratic principles, particularly the protection of fundamental rights and the equality principle cannot be flourished truly. The foremost instance of the clash of values in the Thai constitutional law is the clash between the freedom of expression and the protection of constitutional and political status of the king. The latter is recognised as the fundamental value in Thai society. From the aforesaid contradict, it is so challenging for the Thai courts on the way they will apply and interpret the law so as to uphold the value. At the same time, how the courts rule will be an indicator on whether Thailand is exactly a democratic society or not.